With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.
Category: Special Topics in Environmental Management
After grumbling that it intended to resist implementing the revised National Ambient Air Quality Standards (NAAQS) for ozone it issued in 2015, in August 2018, the EPA informed a federal court that it had decided to uphold and defend the NAAQS as they had been promulgated. That decision set in motion the Agency’s responsibility to […]
The EPA’s use of its Clean Air Act (CAA) authority to grant waivers from Renewable Fuel Standard (RFS) obligations to small refineries has for years been a top issue of contention associated with the RFS. The Agency’s use of the waiver has continued to spark negative reactions from renewable fuel advocates following the Agency’s issuance […]
Responding to concerns expressed by retailers of certain residential woodburning heaters, the EPA is proposing to provide these entities time to sell these devices beyond what was allowed in the Agency’s 2015 amendments to its New Source Performance Standards (NSPS) covering a range of heaters.
Two EPA offices have issued memos revising and/or clarifying Agency policies on collecting information from the regulated community.
As we reported this summer, the EPA has embarked on a study to find alternatives to the common practice of disposing of produced water from oil and natural gas (O&G) development into underground injection wells. Since then, there have been two developments linked to the study.
With the midterm elections switching control of the House to the Democrats, there will also be changes in the leadership of House committees in January 2019. The Committee on Energy and Commerce typically takes the lead on environmental issues in the House, and it is expected that the committee’s current Ranking Member, Democrat Frank Pallone […]
The EPA’s Strengthening Transparency in Regulatory Science proposal occupies a mere 7 pages in the Federal Register (April 30, 2018), and yet, among scientists, human health and environmental groups, and certain industry organizations, the proposal has been the subject of intense discussion. Congress has also been weighing in on the merits of the proposal.
The EPA’s enforcement of violations of environmental laws and regulations at federal facilities is a complicated business that has been addressed by the U.S. Supreme Court (Ohio v. United States Department of Energy, 1992, which affirmed federal facility sovereign immunity with respect to the Resource Conservation and Recovery Act (RCRA)), presidential Executive Orders, and by […]
The EPA and the Tennessee Department of Environment and Conservation (TDEC) are investigating thousands of barrels, apparently stored out in the open and containing chemicals, on a Rocky Top property.