Scott Pruitt

April 13, 2018

4th Circuit Court Expands CWA “Conduit Theory” Liability

In a victory for environmentalists, the 4th Circuit Court of Appeals handed Kinder Morgan a major defeat this week that has much wider implications for regulated entities under the evolving “conduit theory” of liability under the Clean Water Act.  4th Circuit Kinder Decision At issue in this case was whether an indirect discharge of a pollutant […]
April 3, 2018

EPA Tries New Informal Enforcement Approach

*** EPA’s chief of enforcement, Susan Bodine, has set her sights on a new approach to improve compliance, “informal enforcement”, bringing to bear Scott Pruitt’s priorities of cooperative federalism and “back to basics”.   The approach is being criticized by some as more roll-backs, others are hailing the measure as a better way to improve compliance, […]
March 24, 2018

DOJ Issues Environmental Enforcement Priorities

DOJ’s Environment and Natural Resources Division released its enforcement principles and priorities under Attorney General Sessions which align with much of Administrator Pruitt’s “Back to Basics” approach.  DOJ will continue to pursue civil and criminal prosecutions where the leading objective is to protect the public health and maintain the integrity of environmental programs. Cases in this category arise […]
March 14, 2018

How Pruitt Distinguishes Trump’s EPA

Practitioner Insights: How Pruitt Distinguishes Trump’s EPA Reposted from Bloomberg Environment, Daily Environment Reporter March 13, 2018 Author:  Doug Parker The EPA may be the agency that best exemplifies the drastic change from the Obama administration to the Trump administration. Administrator Scott Pruitt has focused on advocating for the growth of the fossil fuel sector […]
February 12, 2018

Trump EPA Touts Enforcement as Key to Positive Health and Environmental Outcomes

The release of EPA’s fiscal year 2017 enforcement results give a picture of the enforcement priorities .  The results reflect four months of the Obama administration and eight months of the Trump administration, and the major cases that make up the results in terms of pollution impacts, fines, and injunctive relief were all either initiated or completed […]
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 […]
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 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 […]
April 25, 2017

E&W's Spring '17 Compliance and Enforcement Newsletter

We are pleased to share with you the attached Spring edition of the Earth & Water Group’s Compliance and Enforcement Newsletter.   As the Trump Administration continues to shake things up in Washington D.C., creating added uncertainty for EPA and other agencies, many of the underlying risks to corporate EHS programs remain intact and, in fact, […]
February 21, 2017

Are States Assuming More Assertive Enforcement Role in Trump Era?

With Administrator Pruitt’s EPA in the earliest stages, some of the environmental enforcement action may be moving to the states.  The proposed changes in New Mexico, as seen in the article below, are emblematic of conversations going on in legislatures and regulatory agencies across the country.   As companies assess the enforcement landscape, and their own […]