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On March 4, 2021, in a 7–2 decision, the U.S. Supreme Court (SCOTUS) ruled against the Sierra Club, declaring documents related to the EPA’s Cooling Water Intake Structures Rule are exempt from Freedom of Information Act (FOIA) requests. The ruling prevents access to certain draft agency documents used to formulate regulatory requirements.
President Joseph Biden Jr. has committed to making major improvements in environmental justice communities (EJCs) by pledging to invest 40% of his $2 trillion clean energy plan into these communities.
As a new administration arrives in Washington, D.C., few things are certain except that 2021 is sure to be an eventful year.
On February 16, 2021, the EPA announced it “will refine its approach to selecting and reviewing the scientific studies that are used to inform Toxic Substances Control Act (TSCA) chemical risk evaluations (known as systematic review).”
It was a perfect storm of extreme winter weather, bad timing, system failures, and poor planning that caused what has already been characterized as the greatest forced power blackout in U.S. history.
U.S. District Judge Andrew S. Hanen of the Southern District of Texas denied Megasand Enterprise Inc.’s motion to dismiss a lawsuit brought by its insurer Everest National Insurance Company. In its lawsuit, Everest seeks a decision relieving it from having to defend Megasand from claims that its discharges worsened flooding following Hurricane Harvey.
In December 2020, the EPA issued an Enforcement Alert regarding aftermarket defeat devices that “bypass or render inoperative required emissions control systems, resulting in significant increases in harmful air emissions” from motor vehicles and nonroad equipment.
The Biden administration indicated it will not be reviving the Clean Power Plan (CPP), which should bring a sigh of relief for industry, according to a memo issued on February 12, 2021, to EPA regional administrators by Joseph Goffman, the acting assistant administrator for the EPA’s Office of Air and Radiation.
In a move welcomed by many, the use of Supplemental Environmental Projects (SEPs) is back as part of settlement agreements in federal environmental enforcement cases.
On February 5, 2021, the EPA posted updated Frequently Asked Questions (FAQs) for its Audit Policy, formally titled “Incentives for Self- Policing: Discovery, Disclosure, Correction and Prevention of Violations.” This policy provides incentives, such as penalty waivers, for regulated entities to prevent, discover, disclose, and correct environmental violations on a voluntary basis.