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On January 20th, President Trump’s Chief of Staff, Reince Priebus issued a Memorandum to the Heads of Executive Departments and Agencies imposing a regulatory freeze. There appears to be a lot of confusion among environmental attorneys and consultants as to whether the freeze applies to the Army Corps of Engineers (ACOE) Nationwide Permits (NWP).
Thirty EPA Rules Frozen by New Executive Action
On January 20th, Reince Preibus, President Trumps Chief of Staff, issued a broad regulatory freeze memorandum entitled “Regulatory Freeze Pending Review” halting federal rules that had not yet become effective. All rules covered by the memorandum are suspended for 60 days (March 21, 2017). On January 26, 2017, EPA published a list of
Ignoring the Need for a Permit Can Lead to Jail Time
U.S. EPA released its December Environmental Crimes Bulletin. One notable case highlighted involved the failure to obtain and industrial pre-treatment permit for discharges to the municipal wastewater system. As set forth in the bulletin, U.S. EPA describes the case as follows:
Thomas H. Faria, Sheffield’s former president and chief executive officer, who pleaded guilty
EPA Enacts Major Overhaul to Hazardous Waste Generator Requirements
Late last year U.S. EPA enacted the "Hazardous Waste Generator Improvements Rule" which constitutes a major overhaul of the federal hazardous waste regulations (RCRA) that apply to any generator of hazardous waste. The new rule impacts thousands of businesses, including even small generators of hazardous waste. EPA estimates that between 424,100 and 676,900
How Quickly Can President Trump Unwind Environmental Regulations?
President Elect Trump has vowed to unwind regulations which he believes are dramatically constraining economic growth. The Obama Administration’s environmental regulations are specifically being targeted, including: the Clean Power Plan, the Waters of the U.S. Rule and ozone regulations. His transition web-page even touts that for every one new regulation enacted his Administration will remove
Cuyahoga County May End Brownfield Program
After more than ten years of building a brownfield redevelopment program, Cuyahoga County Officials are currently contemplating bringing the program to a close. Over the last few years significant staff cuts have reduced the amount of resources dedicated to the program. Now it appears that in 2017 the various incentives available to attract redevelopment to
Two Trump Administration Environmental Priorities to Help the “Rust Belt”
There is a lot of hyperbole regarding President-Elect Trump’s potential environmental agenda. During the campaign there was also a lot made about issues of employment and opportunity in the "Rust Belt" (a term I personally do no like). Here are two suggestions of how the incoming Trump Administration could bring greater opportunity to the Rust
State of Ohio Pursues Recovery of Incentives
Companies expanding onto brownfield sites need public incentives to make their projects viable. However, the days when cleanup of contamination by itself could attract public incentives are long over. Under the new local and State brownfield programs companies must make job commitments and/or improvements to the property to attract government assistance.
When companies work with
First 100 Days- Repeal of the Clean Water Rule and Clean Power Plan
In a major upset, Donald Trump wins the Presidency last night. In less than twenty-four hours after the official concession by Secretary Clinton, people are scrambling to figure out what a Trump Presidency really means. Because he was purposefully silent on specifics during the General Election, many are left this morning "reading the tea leaves"
Army Corps of Engineers Issues Regulatory Guidance in Response to Hawkes Case
On October 31, the Army Corps of Engineers ("ACOE") issued new guidance as to the types and prioritization of jurisdictional determinations (JDs). Regulatory Guidance Letter (RGL) 16-01 "Jurisdictional Determinations" has very little new guidance in reality. However, some key language in the RGL makes clear the real purpose behind the RGL.
What is