Your Guide to Emerging Issues in Environmental Regulation and Litigation.
In advance of the government shutdown, the EPA released its contingency plan on September 29, outlining its procedures during the funding lapse. Key provisions include: Exempted activities are “(1) those that are funded with unexpired appropriations where carryover funds remain unobligated, and (2) activities that are funded with appropriations that are not subject to the …
The Environmental Protection Agency announced last week a new initiative in which the agency will prioritize the review of new chemicals under the Toxic Substance Control Act (TSCA) intended for use in data center projects pursuant to Executive Order 14318, ‘Accelerating Federal Permitting of Data Center Infrastructure.’ Under TSCA, manufacturers and processors are required to …
The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities. Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for …
The U.S. Environmental Protection Agency this week announced new guidance on New Source Review (NSR) preconstruction permitting requirements “to provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing.” The action, according to the agency, “provides flexibility to begin certain building activities that are not related to air emissions, such …
The Environmental Protection Agency announced July 18 it would continue workforce reductions through the elimination of its Office of Research and Development, which provides the independent scientific research that underpins nearly all the agency’s policies and regulations. For decades, the science office has analyzed a multitude of risks, including the impacts of hazardous chemicals, hydraulic …
The EPA on July 2 issued a finalized interim rule, published six days later in the Federal Register, which delays implementation of certain National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for coke oven manufacturing facilities. According to the EPA, hazardous air pollutants (HAP) emitted from these coke oven manufacturing facilities can include benzene, …
The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards. The administration believes these regulations have “imposed massive costs on coal-, oil-, and gas-fired power plants, raising the cost of living for American families, imperiling the reliability of …
The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to include all required elements in the asbestos management plans for 15 schools,” and that it failed, “to maintain complete, updated copies of the asbestos management plans …
The Environmental Protection Agency announced April 28 a list of upcoming agency actions to address Per- and Polyfluoroalkyl Substances (PFAS). This week’s announcement provides a broad outline of EPA’s plans that centers around three principles: (1) strengthening the scientific understanding of PFAS, (2) fulfilling statutory obligations and enhancing communication, and (3) building partnerships. PFAS are …
The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption from EPA standards regarding air pollution. Previously, in April 2024, this power plant was subject to stricter standards under updates …