EPA

August 30, 2018

DOJ/EPA pursue criminal charges involving environment and worker safety . . .

The recent indictments out of Nebraska related to the deaths of two workers and mishandling of hazardous waste demonstrates EPA’s and DOJ’s continued focus on the intersection of environmental protection and worker safety.  With substantially larger criminal penalties for certain environmental violations than available in worker safety statutes, the DOJ, EPA and OSHA will look to apply […]
August 27, 2018

EPA Announces New National Compliance Initiative

EPA’s Enforcement Chief, Susan Bodine, issued new guidance this week, announcing movement away from “enforcement” to “compliance” initiatives.   The initiative underscores the approach the agency is taking to lighten its civil enforcement footprint, encourage states and tribes to take the lead where they can, and promote compliance over enforcement as a matter of policy.   National Enforcement […]
July 27, 2018

Feds criminally charge water company for hazardous waste violations . . .

The recent multi-defendant indictment against companies in the water and waste industries is one more sign that the environmental cop remains on the beat.  Keep an eye on staffing levels in EPA’s criminal program to see if this type of critical enforcement work can continue at the level needed to keep the playing field level and the public […]
July 18, 2018

GAO issues new report – millions of school children at risk for harmful lead levels in drinking water . . .

According to the GAO report, Nationwide, school districts vary in terms of whether they have tested for lead in school drinking water, with many not testing. According to our survey of school districts, an estimated 43 percent tested for lead in school drinking water in at least one school in the last 12 months, while […]
May 23, 2018

EPA proposes 4-step plan to regulate PFOAs in drinking water . . .

Administrator Pruitt Kicks Off National Leadership Summit on PFAS Announces EPA’s four-step plan WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt opened the National Leadership Summit on per- and polyfluoroalkyl substances (PFAS) by announcing concrete steps the Agency plans to take following the Summit: EPA’s Four-Step Action Plan: EPA will initiate steps to evaluate the need […]
May 22, 2018

Indianapolis Site Will Not Go on CERCLA National Priorities List Due to – Science!

On May 18, 2018, the D.C. Circuit Court of Appeals held that EPA had not adequately reviewed groundwater science and found EPA’s proposal to list the “West Vermont” site in Indianapolis arbitrary and capricious.  EPA will have to go back to the drawing board if it wants to list West Vermont on the National Priorities […]
May 20, 2018

EPA Proposes Changes to Risk Management Program . . .

Final Amendments to the Risk Management Program (RMP) Rule   Update On May 17, 2018, EPA’s Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management Program (RMP) Reconsideration Rule. On June 9, 2017, the EPA […]
May 17, 2018

South Carolina couple prosecuted for peddling counterfeit pet medicines . . .

Selling counterfeit flea and tick collars not only netted millions of dollars in illicit gain, but landed a couple on the wrong side of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and has led to long prison sentences.  Look for a continued focus by EPA and DOJ on pursuing cases where traditional fraud intersects […]
May 7, 2018

EPA announces new audit policy (and self-reporting) to addresss significant noncompliance in oil and gas industry . . .

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas New Owner Audit Program The EPA is in the process of developing a New […]
April 18, 2018

Water Contamination Riskier for Companies in Wake of Rulings . . .

April 13, 2018 Water Contamination Riskier for Companies in Wake of Rulings From Environment & Energy Report Turn to the nation’s most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental… By Amena H. Saiyid Contaminating waterways with gasoline, chemicals, or sewage […]