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The EPA must improve oversight of how states implement air emissions regulations for municipal solid waste (MSW) landfills, according to a report published by the Office of Inspector General (OIG) on July 30, 2020. The OIG serves as the EPA’s watchdog.
On July 13, 2020, the EPA published its final rule “to update and clarify the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401.”
By a tally of 6 to 3, the U.S. Supreme Court found that under certain circumstances, a discharge of pollution from a point source that travels in groundwater before entering a navigable water subjects the discharger to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA).
Attempts by the Menominee Indian Tribe of Wisconsin to invalidate a Clean Water Act (CWA) Section 404 (dredge and fill) permit the Michigan Department of Environmental Quality (MDEQ) granted Aquila Resources Inc. for a mining project on a portion of the Menominee River were unsuccessful in both a federal district court and the U.S. Court […]
Noting that the Clean Air Act’s (CAA) petition process for Title V permits will benefit from additional clarity and transparency, the EPA has issued a final rule that establishes three new provisions for petitions.
In Montana v. United States (1981), the U.S. Supreme Court found that Indian tribes do not have civil or criminal jurisdiction over nontribal members within a reservation. This opinion has proven to be one of the clearest indications that Indian tribes possess no authority over lands they do not own (called non-Indian fee lands), even […]
With the goal of expediting resolution of objections to permits issued by the EPA under major environmental statutes, the Agency is proposing amendments to regulations governing its Environmental Appeals Board (EAB). Among the seven proposed revisions, the most significant would strengthen the role of the alternative dispute resolution (ADR) program. Other parts of the proposal […]
Proponents of energy infrastructure projects such as natural gas pipelines and electricity transmission lines that require federal licenses or permits welcomed an EPA proposal to amend regulations to implement the state certification process authorized by Section 401 of the Clean Water Act (CWA) for these projects.
No one looks forward to the day when the regulatory authority arrives at your facility for an inspection. Will he or she find issues of noncompliance? Will an enforcement action or penalty be forthcoming? But remember, the ultimate goal of the inspector is not to write up a notice of violation but to ensure your […]
During the first half of 2019, the U.S. Environmental Protection Agency’s (EPA) enforcement record has proven that the more things change, the more they stay the same. Despite shifting priorities and upheaval regarding the scope of the Agency’s jurisdiction over waters of the United States (WOTUS), the EPA has quietly continued to issue hefty fines […]