Tag: financial responsibility

Hard-rock mining

Hard-Rock Mining Not Subject to Financial Responsibility Rule

By William C. Schillaci Aug 5, 2019 Regulatory Developments

Updated: Aug 5, 2019

If a federal agency proposes a regulation and then subsequently declines to promulgate that regulation, is the second action arbitrary and capricious because it is not a “logical outgrowth” of the proposal, that is, because the option not to regulate is not sufficiently discussed in the proposal?

Coal Plant

EPA Says Power Companies Don’t Need Financial Responsibility Rule

By William C. Schillaci Jul 15, 2019 Energy

Updated: Jul 15, 2019

The EPA is proposing not to use its authority under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) to impose financial responsibility requirements on facilities in the electric power generation, transmission, and distribution sector.