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01/25/2018

Supremes Relegate WOTUS Argument to District Courts

This week, the US Supreme Court decided unanimously not to take up a challenge to EPA’s 2015 Waters of the United States, or WOTUS, Final Rule. The Court held that challenges to the Final Rule—which expanded the Agency’s authority to enforce the Clean Water Act by more broadly interpreting the term “navigable waters”—must be brought in district courts and not circuit appeals courts, where this case originated.    

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12/19/2017

What to Do When Your Hazardous Waste Isn’t Hazardous Anymore

When we talk about hazardous waste, we usually talk about EPA’s “cradle-to-grave” management requirements. But what if your hazardous waste stops being hazardous waste at some point in the process? How do change the way you manage it without running afoul of the RCRA regulations?  

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11/22/2017

EPA and Army Push Back "Waters of the US" Applicability by 2 Years

US EPA and the Army Corps of Engineers have proposed adding an applicability date to the much-debated 2015 Waters of the United States (WOTUS) Final Rule. The Final Rule, still stayed nationwide by court order and now under consideration by the Supreme Court, expanded the scope of the Clean Water Act to address discharges to bodies of water not previously covered.  

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10/13/2017

Army Corps of Engineers Raises Clean Water Act Civil Penalty

The US Army Corps of Engineers (ACoE) on Friday raised its civil penalties for violations of the Clean Water Act to reflect the rate of inflation.  

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10/06/2017

EPA Enforcement Roundup: Week of 10/10

In this week’s EPA Enforcement Roundup, an Alaska hazmat carrier will pay for 3 diesel fuel spills caused by icy road conditions, a quarry will pay for Clean Water Act mistakes and an aluminium production facility will pay a six-figure fine for alleged Clean Air Act violations. 

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09/19/2017

EPA Postpones Compliance Deadline for Clean Water Act Rule Aimed at Power Plants

Yesterday, US EPA promulgated a Final Rule in the Federal Register to postpone a compliance deadline for coal-fired power plants subject to new Clean Water Act effluent limitations finalized in November 2015.

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09/15/2017

Tuna Producer Caught in EPA Enforcement Net

Sorry, Charlie! A major canned tuna fish producer will now pay more than $6,000,000 to resolve alleged violations of wastewater permitting, Clean Water Act, RCRA hazardous waste, and Clean Air Act chemical storage requirements.

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08/28/2017

EPA Enforcement Roundup: Week of 8/29

In this week’s EPA Enforcement Roundup, four companies will pay more than $350,000 combined for chemical reporting violations under EPCRA and TSCA, and a paperwork storage company will pay for Safe Drinking Water Act violations.   

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08/25/2017

EPA Extends Comment Period on WOTUS Rule Recodification

US EPA this week extended the public comment period for its proposed rule to recodify the definition of Waters of the United States (WOTUS). A key element of the Clean Water Act, the WOTUS definition expanded by US EPA and the Army Corps of Engineers in 2015.  

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08/03/2017

EPA Faces Pushback on Delayed Clean Air Regulations

Before becoming EPA Administrator, Scott Pruitt often challenged new US EPA Clean Air Act rules in court as Attorney General of Oklahoma. Now, it seems, the tables have turned—today Pruitt and his EPA face their own set of legal challenges from Attorneys General across the US.  

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