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"
Ohio EPA’s New Guidance Raises Stakes on Vapor Intrusion
On August 24th, Ohio EPA released new guidance that incorporates an unprecedented approach to vapor intrusion. Under the new guidance, Recommendations Regarding Response Action Levels and Timeframes for Common Contaminants of Concern at Vapor Intrusion Sites in Ohio, the Agency is for the first time demanding immediate action when contaminant levels exceed certain established
Expect Dramatic Increases in Federal Civil Penalties for Environmental Violations
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:
- Requires
Five Things to Expect from State EPA Regulators After the Flint and Sebring Water Crises
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
PRESIDENT SIGNS LANDMARK CHEMICAL BILL INTO LAW
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 TSCA was originally enacted in 1976 and is administered by
Ohio EPA Takes Hard Look at Vapor Intrusion Risks
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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
EPA Release New National Enforcement Initiatives for 2017-2019
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
Highlights from 2015 ABA SEER Spring Meeting
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.
Ohio EPA Releases Draft Beneficial Use Rules…Again
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
U.S. EPA Encourages Use of Third Party Verification of Compliance with Enforcement Settlements
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