On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. The law required all federal agencies to increase civil penalties with inflation. While there were previous requirements to increase civil penalties, the new law provides for more dramatic increases attributable to the following changes:
On July 29th, the Michigan Attorney General Bill Schuette charged six more public officials in connection with their roles in the Flint Water Crisis. One of the six charged included a senior management official at the Michigan Department of Environmental Quality (MDEQ)- the former Chief of the Office of Drinking Water and Municipal Assistance. The
Guest Post from Arun Kottha and Christopher Caryl at Tucker Ellis.
On June 22, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substance Control Act (TSCA), the nation’s primary chemical management legislation. TSCA was originally enacted in 1976 and is administered by
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Vapor intrusion is the process where contamination in soil and groundwater volatilizes and enters indoor air in buildings. Understanding and evaluating the risks to occupants of buildings with vapor intrusion issues has received dramatic new focus nationally in recent years.
In Ohio, scrutiny of vapor intrusion issues is at an all time high. This post
On February 28, 2016, U.S. EPA publicly announced its priority enforcement areas (EPA National Enforcement Initiatives or NEIs) for the next three years (fiscal years 2017-2019). The announcement provides keen insight into how EPA plans to allocate its enforcement resources in the coming years.
EPA describes the NEIs in the following manner:
"Every three
The Clean Power Plan and Waters of the U.S. Rule have dominated much of the discussion at the ABA’s Spring Meeting of the Section of the Environment, Energy and Resources (SEER) in Chicago. SEER is a gathering of nations prominent environmental and energy attorneys from both the private sector and government.
Waters of the U.S.
Over the last decade, Ohio EPA has attempted to promulgate beneficial reuse rules a number of times. Each time the rules have been released for public comment the proposals have been met with significant criticism and the proposals never moved forward.
The crux of the issue is that Ohio lacks a defined regulatory program for
We know that U.S. EPA budget is tight. Maybe that is why they are looking for new and innovative ways to reduce their work load. This is evident in the memorandum released on January 7, 2015 by EPA’s Office of Enforcement and Compliance Assurance.
The memorandum is titled "Use of Next Generation Compliance Tools
Municipalities across the country have attempted to place restrictions on the use of fracking associated with oil & gas drilling. Most cases involve outright bans on fracking or more rigorous permitting requirements. Ohio was no different. Other states, like Pennsylvania and New York, both allowed local regulation of fracking. Ohio was different
Ohio EPA has recently announced a new policy of rotating personnel within its districts and divisions. The new policy will apply to inspectors and staff, but will not apply to management.
The policy is intended to provide Ohio EPA staff with a wider range of experience and technical skill.
This from Director Butler