The Rush is On for Jurisdictional Determinations

by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. … Continue reading

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EPA Announces New Office of Mountains, Deserts, and Plains

by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new … Continue reading

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States Challenge EPA’s COVID-19 Enforcement Policy

by Patrick Paul, Chris Colyer, Michael Ford In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19.  In a nutshell, these policies essentially clarified the enforcement priorities of … Continue reading

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EPA Announces COVID-19 Interim Field Work Guidance

By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for … Continue reading

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ADEQ Issues COVID-19 Memo of Compliance & Enforcement

by Patrick J. Paul, Chris Colyer, and Michael C. Ford On March 31, 2020, the Arizona Department of Environmental  Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March … Continue reading

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EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

By Michael C. Ford EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory … Continue reading

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EPA Issues Guidance Concerning Coronavirus and Drinking Water

by L. William Staudenmaier The United Environmental Protection Agency (EPA) has issued guidance (https://www.epa.gov/coronavirus/coronavirus-and-drinking-water-and-wastewater#tapwater) regarding the status of public drinking water systems in light of the ongoing spread of the COVID-19 coronavirus across the country.  In the guidance document, EPA … Continue reading

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EPA Seeks Comment on Further PFAS Regulation

by Patrick J. Paul and Chris Colyer As previously reported in this blog, on December 4, 2019 EPA published an advance notice of proposed rulemaking (ANPR) seeking information on whether to include certain per- and polyfluoroalkyl substances (PFAS) on the … Continue reading

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PFAS: The Forever Chemicals Gaining Regulatory Attention

By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized … Continue reading

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EPA Requiring AOC Signers to Surrender Federal Claims

by Mitchell J. Klein Reported to be at the direction of the Department of Justice, the EPA is now requiring that anyone willing to enter into an Administrative Order of Consent must first agree to surrender all claims against the … Continue reading

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