E&W Blog

July 13, 2017

Roadmap to Effective EHSS Compliance – How Does Your Program Fare?

Below are questions developed by a compliance specialist within the U.S. Department of Justice’s criminal division to assess the effectiveness of a corporate compliance program or areas for improvement.  These questions apply to all forms of regulatory compliance, including environment, health, safety and security programs. For companies committed to EHSS compliance, periodically using these questions […]
July 6, 2017

Trump EPA Favors Corn Farmers in Proposed Biofuels Quotas

This latest decision from the EPA on renewable fuel targets may have been designed to “split the difference” but is sure to leave many elements in the business unhappy.  At the same time, the agency is still  weighing a change in the point of obligation (i.e. who is ultimately responsible for purchasing the 15 billion plus gallons […]
June 30, 2017

Clean Coal Futures?

Is Southern Co.’s announced cessation of carbon capture efforts at its Kemper County, Mississippi power plant an indication of the U.S. future for carbon capture? Even with the current administration expressing support for carbon capture and clean coal technologies, such as Southern Co.’s Kemper County coal gasification plant, carbon capture implementation still faces many uncertainties, […]
June 29, 2017

The Kentucky Story – How One State Solved its Water Fragmentation Problem

As the States, Congress, the Administration and civic leaders grapple with aging infrastructure and rising costs associated with maintaining the nation’s 53,000 community water systems there is an increased call for more partnerships and regionalization of America’s highly fragmented water sector.  The State of Kentucky, in particular, has been a leader in the consolidation process, […]
June 28, 2017

Trump EPA Repeals Obama Clean Water Rule

This week, the Trump EPA published proposed regulations that would repeal the Obama EPA’s clean water rule, which has been mired down in litigation since it was proposed in 2014.   The Trump rule, if promulgated, would recodify the regulations that existed prior to the Obama rule, setting up a showdown with environmental groups who […]
June 28, 2017

EPA Introduces the Trump Political Team

EPA’s leadership this week introduced the Trump political team in an email from Chief of Staff, Ryan Jackson. *** From: Message from the Chief of Staff Sent: Tuesday, June 27, 2017 12:07 PM To: Message from the Chief of Staff <messagefromthechiefofstaff@epa.gov> Subject: Introducing EPA Political Appointees Dear Colleagues, Last weekend marked the 120th day since […]
June 19, 2017

Top State Health Official Criminally Charged in Flint, Michigan Water Crisis

This past week, Michigan’s Attorney General criminally charged the state’s top health official, and four other officials, with involuntary manslaughter for their roles in the Flint water crisis.  Nick Lyon, Director of the Michigan Department of Health and Human Services, reportedly failed to report an outbreak of Legionnaires’ disease that contributed to the death of […]
June 14, 2017

Federal Funding Options for Clean Water

We’re linking below two helpful EPA resources for those who have questions about eligibility for federal Clean Water State Revolving Funds or may be looking to upgrade a wastewater treatment plant or finance innovative nonpoint source pollution projects. These recent EPA guidance documents provide details on a host of financing options, including SRF direct loans, […]
June 11, 2017

AG Sessions Issues New Policy on Settlement Payments – What Are the Implications for EPA Settlements

Attorney General Sessions issued a new policy this past week, Prohibition on Settlement Payments to Third Parties, in response to increased criticism by GOP regarding payments to liberal activist groups as part of a federal settlement.  The GOP has criticized the Obama DOJ for agreeing to allow big banks and corporations to pay these groups when they […]
June 7, 2017

Jeffrey Bossert Clark Chosen for Justice Environment Division

By Renee Schoof Jeffrey Bossert Clark, a George W. Bush administration Justice Department official, is President Donald Trump’s choice to lead the department’s Energy and Natural Resources Division. The White House announced the selection June 6. If confirmed as assistant attorney general, Clark would be returning to the division after serving there as deputy assistant […]