Environmental Enforcement

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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

By James L. Curtis, Jeryl 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 as “toxic chemicals”.

Under EPCRA…
Continue Reading New OSHA Emphasis Program For EPA Toxic Chemicals Release Reporting Industries

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 public comments, the EPA is…
Continue Reading EPA Publishes Strategic Plan That Cuts Enforcement While Ratcheting Up Scrutiny for Regulated Entities

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 adjusting for inflation the statutory…
Continue Reading EPA Amends (Slightly) the Civil Monetary Penalty Inflation Adjustment Rule

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 emphasis program on primary metal …
Continue Reading Metal Fabricator Gets Willful Citation and Put Into OSHA’s Severe Violator Enforcement Program