Environmental Enforcement

By Andrew H. Perellis, Kay R. Bonza, and Patrick D. Joyce

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business friendly agenda, it is also likely to abandon many of the previous
Continue Reading What Now? U.S. Environmental Protection Agency Post-Election Outlook

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

Compliance Concept on İnterface Touch ScreenSeyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts.

In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA) issued interim final regulations adjusting the maximum civil penalty dollar amounts for violations of
Continue Reading Maximum Civil Penalties for Violations of Environmental Statutes are now Significantly Higher After Inflation Adjustment

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

US Supreme Court Capitol Hill Daytime Washington DCSeyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately judicially reviewable.

In a significant victory for owners of private property, the Supreme Court of the United
Continue Reading Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

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

Supreme CourtThe Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co., Inc., et al. v. U.S. Army Corps of Engineers, No. 13-3067 (April 10, 2015).

The issue presented for
Continue Reading Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial Review

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

The U.S. Environmental Protection Agency recently updated its Supplemental Environmental Project (SEP) Policy.

Most federal actions for failure to comply with the environmental laws are resolved through settlement agreements. As part of a settlement, an alleged violator may voluntarily undertake a supplemental environmental project (SEP), which
Continue Reading SEP Right for You? EPA Updates its Supplemental Environmental Projects Policy

By Andrew H. Perellis and Patrick D. Joyce

Supreme CourtIn a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS).

The MATS rule, issued in 2012, established emissions limits from power plants for mercury, filterable particulate matter, and hydrogen chloride. 

Continue Reading Supreme Court: EPA Must Consider Cost Of Implementing Regulations

By Jeryl L. Olson, Andrew H. Perellis and Patrick D. Joyce

The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”

We had previously blogged about the Agency’s draft of the proposed rule that was distributed in November, 2013 as well as a “clarification” of the proposed rule
Continue Reading EPA Publishes Final Rule Expanding Definition of “Waters of the United States” Under the Clean Water Act

By Philip L. Comella and Craig B. Simonsen

The U.S. Environmental Protection Agency recently ordered an orthotic shoe insert manufacturer to pay over $210,000 in civil penalties for making “unsubstantiated antimicrobial claims” about their orthotic shoe inserts – resulting in the sale and distribution of an unregistered pesticide, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

This
Continue Reading Unsubstantiated Product Claims Bring Substantial Civil Penalties

By Patrick D. Joyce

As we indicated in our blog last week, on Monday, the U.S. Environmental Protection Agency (EPA) released a proposed rule, known as the “Clean Power Plan,” to drastically cut carbon dioxide emissions from existing power plants across the United States by the year 2030. 79 Fed. Reg. 34830 (June 18, 2014).

In a video on
Continue Reading EPA “Clean Power Plan” to Drastically Cut Carbon Dioxide Emissions from Existing Power Plants

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Environmental Protection Agency has just announced its Final Fiscal Year 2014-2018 EPA Strategic Plan (April 10, 2014). We had previously blogged about the Draft Strategic Plan.

According to EPA’s Administrator, Gina McCarthy, “EPA will address the increasingly complex array of environmental challenges we face by advancing a rigorous research
Continue Reading EPA Publishes Final Strategic Plan — Cuts Enforcement While Ratcheting Up Scrutiny for Regulated Entities