Environmental Enforcement

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

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,

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,

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 James L. CurtisJeryl L. Olson, and Craig B. Simonsen

OSHA has recently announced a new local emphasis program for health inspections of facilities known to have reported the use and “release” of chemicals defined by the U.S. Environmental Protection Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Environmental Protection Agency has just announced its Draft FY 2014-2018 EPA Strategic Plan for public review and comment. 78 Fed. Reg. 69412 (Nov. 19, 2013).

Conceptually, the Strategic Plan provides the Agency’s long-term direction and strategies for advancing human health and the environment. In seeking

By Andrew H. Perellis and Craig B. Simonsen

EPA has amended its Civil Monetary Penalty Inflation Adjustment Rule. 78 Fed. Reg. 66643 (Nov. 6, 2013).

Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (DCIA), the EPA is required to amend its regulations for

By James L. Curtis and Craig B. Simonsen

Consistent with its threats to aggressively pursue employers who expose employees to workplace hazards, the Occupational Safety and Health Administration has cited an Illinois metal fabricator for twelve alleged violations, including one willful and six serious citations, and issued a $317,000 penalty under the national and regional

By Andrew H. Perellis and Ilana R. Morady

Local governments routinely condition the approval of land use permits on fees and dedications. From park fees to land dedications for future public use, such conditions are commonplace. Now, the U.S. Supreme Court will have local governments thinking twice before imposing conditions like these on land developers.