Environment, Land & Resources

Tag Archives: Environmental Protection Agency

EPA Updates Standards and Practices for All Appropriate Inquiries (AAI)

EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive Environmental Response, Compensation … Continue Reading

EPA Updates Aftermarket Defeat Device Enforcement Policy

EPA provides more detailed guidance on aftermarket safe zones while continuing to drive forward enforcement initiatives. By Arthur F. Foerster In 2019, the US Environmental Protection Agency (EPA) released its “National Compliance Initiatives” (NCIs) for years 2020-2023. EPA sets NCIs for what the agency believes are “the most serious environmental violations.”[1] One of those NCIs … Continue Reading

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

By Joel Beauvais and Claudia O’Brien President Donald Trump, on February 28, signed an executive order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) to issue a proposed rulemaking for notice and comment to rescind or revise their joint 2015 Clean Water Rule, also known as the Waters of the … Continue Reading

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

By Andrea Hogan, Lucas Quass, John Morris and Steven Mach On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule).[1] The federal Clean Water Act (CWA) provides for original jurisdiction in the … Continue Reading

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

By Michael Feeley, Winston Stromberg, Ann Claassen, Lucas I. Quass, John Morris, and Samantha Seikkula On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a sell-through provision for wood … Continue Reading
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