Yesterday, Susan Bodine, EPA’s Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA), issued final guidance for EPA regions regarding interactions between the Agency and the states in civil enforcement and compliance assurance matters. Under the new guidance, EPA will generally defer to a state as having primary jurisdiction over inspections and enforcement,
Inside Look at Changes to the Supreme Court
Hunton Andrews Kurth’s environmental practice launches its video series, Inside Look, focusing on recent events and trends impacting regulated industries through discussions with our top attorneys and thought leaders. Our inaugural video focuses on recent changes in the composition of the US Supreme Court and the potential impact on industry. Partners F. William Brownell and
Mobile Sources Face an Increased Risk of Agency Enforcement and Citizen Suits
On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture,
Center for Biological Diversity v US Forest Service: To What Extent Does Failure to Take Steps that Might Mitigate Environmental Harm Caused by a Third Party Make Someone Responsible for that Environmental Harm?
The 9th Circuit Court of Appeals decision in Center for Biological Diversity v US Forest Service, 2019 WL 2293425 (May 30, 2019) raises important questions about the extent to which someone might be held liable for failing to prevent someone else from causing environmental harm. The Center for Biological Diversity alleged that the Forest Service
Project Proponents: Five Tips to Use ESG Criteria in Drawing More Infrastructure Investors
As investors become more interested in incorporating sustainability into investment portfolios, many project proponents find that incorporating ESG into infrastructure planning provides a “leg up” in securing investors and financing. An ESG disclosure, or an “environment,” “social,” and “governance” framework designed to disclose risk, makes it easier for investors to match projects with their own
Asbestos Receiving Renewed Attention in Light of Additional US EPA Assessments under TSCA and Potential Ban by Congress
Asbestos is in the hot seat these days and is receiving significant attention from both US EPA and Congress. In particular, US EPA continues to evaluate asbestos risks under the Toxic Substances Control Act (TSCA) and has imposed additional regulations, while Congress is currently considering an outright ban on the substance.
On April 25, 2019,
Dispelling 5 Misconceptions About Environmental Issues
I am starting to prepare course materials for a course entitled “Environmental Law for Non-Environmental Lawyers.” The purpose of the course would be to dispel many of the misconceptions that people have about environmental issues. As a starting point, here are 5 easy ways to tell that the person talking about the environmental issue has
CSG’s Robert Crespi to Speak at 2019 Northeast Sustainable Communities Workshop
Robert Crespi will be speaking at the Brownfield Coalition of the Northeast’s 2019 Northeast Sustainable Communities Workshop on June 4, 2019. Rob will co-moderate the panel titled, “Getting Your Fill of Fill – A Discussion of the Issues Brownfield Developers Should be Aware of When Testing, Disposing and Reusing Building Materials, Including Concrete, Brick and
CEQA Case Report: Understanding the Judicial Landscape for Development
2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed.
By James L. Arnone, Marc T. Campopiano, Christopher W. Garrett, and Lucinda Starrett
Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California
President Trump Signs Drought Contingency Plan for Colorado River
Months ago, in the face of “unacceptably high” risk to the Colorado River’s complex system of reservoirs, US Bureau of Reclamation Commissioner, Brenda Burman, indicated that if the seven Colorado River Basin States could not agree to a drought contingency plan (DCP), then the federal government would post a notice in the federal register seeking