E&W Blog

December 12, 2017

Former Volkswagen Manager Receives 7 Years Jail Time in Diesel Emissions Cheating Scandal

Last week’s sentencing of former VW manager Oliver Schmidt to seven years in prison sends a clear message to those engaged in misconduct in the automotive sector: DOJ, EPA, and the Federal Judiciary are taking a hard line on criminal conduct.  Expect continued scrutiny in the emissions space across entire auto sector. Eric Lawrence of the Detroit […]
December 10, 2017

EEI and EHS2 Host Roundtable Discussion on Compliance and Enforcement in Trump Administration

This past week, the Edison Electric Institute and EHS2 welcomed Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement, and Jeff Wood, Acting Assistant Attorney General for DOJ’s Environment and Natural Resources Division to discuss priorities for the environment in the Trump Administration.  Discussions focused on new themes and Administration priorities including: Back to […]
November 21, 2017

Act of God, Foreseeable Risk, or Hedging Opportunity?

Original Published in CFO November 21, 2017 | CFO.com | US Whether you’re in a domestic enterprise or a multinational conglomerate, climate change will impact what you do. In fact, it’s already happening. Climate change influences a majority of the most fundamental activities performed by CFOs. Why? Because climate change can damage assets, impact the availability of natural […]
November 14, 2017

National Academy Issues Timely Report on Clean Water Affordability

The National Academy of Public Administration has released its long-awaited report titled “Developing a New Framework for Community Affordability of Clean Water Services.”  Affordability is a central issue to many communities who increasingly are dealing with higher costs to address aging infrastructure and federal clean water mandates. The Senate Appropriations Committee, in a committee report […]
November 12, 2017

Trump Taps Next OSHA Chief

President Trump is filling out his regulatory team with the recent nomination of Scott Mugno to lead OSHA.  Dubbed the “Brain Coach” to FedEx’s Championship Drivers, Scott brings a distinguished record to the role with his experience at FedEx Ground where he oversees Safety, Sustainability and Maintenance and previously served as the Managing Director for FedEx […]
November 3, 2017

Water Sector Unites to Urge Congress to Act on Water Infrastructure

Despite the seeming dysfunction of DC politics these days, there is growing bipartisan support for fixing our nation’s failing water infrastructure. This week, the Earth & Water Law Group and McWane Inc., convened a Congressional roundtable to facilitate a discussion among the members of the Ad Hoc Water Infrastructure Group and members of Congress and […]
November 1, 2017

Clean Air Act Settlement Indicates Enforcement Remains a Significant Tool in in this EPA's Tool Box

The civil settlement between EPA, DOJ, Colorado and the PDC Energy should let those in the oil and gas sector know that the civil cop remains on the beat at the EPA.  And although this settlement may have more of a compliance focus than some in the past, it is reasonable to assume that enforcement in this sector, including […]
October 22, 2017

According to New GAO Report, Market-Based Solutions to Address Water Pollution Need More Support

This week the Government Accountability Office issued a new report titled “Water Pollution:  Some States have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited.” What GAO Found In 2014, 11 states had 19 nutrient credit trading programs, and trading provided flexibility for some point sources, such as wastewater treatment plants, to […]
October 16, 2017

EPA Administrator Pruitt Moves to Curtail Sue-and-Settle

EPA’s Administrator, Scott Pruitt, today took additional measures to reduce the number of “sue and settle” types of litigation filed by third parties against the Agency.  The practice of sue and settle has been criticized by such groups like the U.S. Chamber of Commerce which has characterized the practice as  [W]hen a federal agency agrees […]
October 13, 2017

Maryland Announces New Market-Based Approach to Accelerate Restoration of Chesapeake Bay

The Hogan Administration this week, under the leadership of Benjamin Grumbles, Secretary of Maryland’s Department of Environment, released draft regulations encouraging market-based solutions to accelerate the restoration of the Chesapeake Bay.  Significantly, the proposal would allow states to work together under an interstate trading provision to leverage greater opportunities to address interstate water pollution.  If […]