Tag: financial responsibility rule

Group of men working at a chemical warehouse classifying barrels

EPA Says CERCLA Financial Assurance Not Required for Chemical Companies

By William C. Schillaci Feb 21, 2020 Chemicals

Updated: Feb 21, 2020

The EPA is moving steadily along its apparent path of concluding that it is not necessary to require that facilities in certain industrial sectors comply with the financial responsibility requirements of Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In its latest action, the Agency is proposing not to […]

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?