Tag: EPA

SCOTUS, court gavel, FOIA

SCOTUS Rules Not All EPA Documents Subject to FOIA Requests

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.

chemical reporting

EPA Seeks to Strengthen Science in TSCA Review Process

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).”

Vehicle emissions

EPA Issues Enforcement Alert on Emissions Tampering

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.

power plant

The Clean Power Plan (CPP) Is Not Returning

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.

EPA sign, Environmental Protection Agency

A Look at EPA’s Audit Policy and Voluntary Self-Disclosure

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.

Environmental scientists, EPA

Can the Exodus of Scientists at the EPA Be Reversed?

Between 2017 and 2021, five government agencies, including the EPA, lost more than 1,000 scientists, according to data collected and published in an article by the Union of Concerned Scientists (UCS). Other impacted agencies include the Bureau of Ocean Energy Management (BOEM), U.S. Geological Survey, Fish and Wildlife Service, and Institute of Education Services.

Environmental justice, law, and regulation

A Look at Environmental Justice Communities and Regulations

President Joseph Biden Jr. has promised to up the ante for environmental justice (EJ) communities by “rooting out the systemic racism in our laws, policies, institutions, and hearts.” Although a complete rollout of Biden’s plan has not yet been revealed, his campaign plans and initial actions allow for some educated analysis as to what industry […]