Environmental Enforcement

By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose AlmanzarIlana R. Morady, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts to cut greenhouse
Continue Reading Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions

By Jeryl L. OlsonRebecca A. DavisPatrick D. Joyce, Scott T. Fenton, Jose AlmanzarIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: United States Environmental Protection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy to advance environmental
Continue Reading USEPA and Department of Justice Launch Comprehensive Environmental Justice Enforcement Strategy

By James L. CurtisBrent I. ClarkBenjamin D. BriggsMark A. Lies, Jeryl L. Olson, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties.

We have blogged previously about the
Continue Reading Big Money: OSHA and EPA Civil Penalties Increase for 2022

By James L. Curtis, Jeryl L. OlsonAdam R. Young, A. Scott HeckerPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties.

We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA
Continue Reading Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

By Jeryl L. Olson, Ilana R. MoradyKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis:  On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s Toxic Release Inventory (TRI) list of reportable chemicals under
Continue Reading NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

By Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list.

The U.S. Environmental Protection Agency (EPA) has asked industry stakeholders to provide comments on a proposal to add per- and polyfluoroalkyl
Continue Reading EPA Advance Notice of Proposed Rulemaking on Per- and Polyfluoroalkyl Chemicals

By Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents.

On January 25, 2018, Associate Attorney General Rachel Brand released an Department memo “Limiting Use
Continue Reading Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018.

The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for violations of various environmental regulations. 83 Fed. Reg. 1190 (January 10, 2018).

The action
Continue Reading EPA Adjusts for Inflation the Maximum Civil Penalties for Violations of Environmental Statutes

By Andrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests. 
Continue Reading EPA Task Force Report to Revitalize the Superfund Program

By Andrew H. Perellis, Kay R. Bonza, and Craig B. Simonsen

EPA SignSeyfarth Synopsis: The EPA and Army Corps of Engineers have proposed to rescind the 2015 Clean Water Rule defining “Waters of the U.S.,” and recodify the pre-existing rule, then engage in a subsequent rulemaking to re-evaluate and revise the definition of WOTUS presumably intended to decrease
Continue Reading EPA and Army Corps of Engineers Propose to Rescind Obama Era Rule Redefining “Waters of the United States”