Does state enforcement action really protect a regulated entity from citizen-suit liability? The circuits are split. Check out the full post:

Posted on March 23, 2022 by Karen Aldridge Crawford On Monday, March 21, 2022, the U.S. Securities and Exchange Commission announced issuance of a proposed new climate-related financial risk reporting rule in a public webcast.  The Commission’s chair and some members...

New EPA guidance provides additional criteria to be considered when determining whether site field work should continue or be suspended. By Karen Aldridge Crawford We are monitoring the coronavirus (COVID-19) situation as it relates to law and litigation. Find more...

A thoughtful, practical opinion seems to provide the EPA with a tutorial on promulgating a defensible regulation. By Karen Aldridge Crawford On July 2, 2019, the U.S. Court of Appeals for the D.C. Circuit denied a petition for review of the Environmental Protection...

In the last few days, both the regulated community and environmental groups each chalked up one win and one loss. By Karen Aldridge Crawford Share:     In the last few days, both the regulated community and environmental groups each chalked up one win and one loss....

Posted on July 8, 2016 by Karen Crawford In May 2016, EPA finalized updates to its New Source Performance Standards (NSPS) for the oil and gas industry which amended 40 CFR Part 60, Subpart OOOO and added new requirements (Subpart OOOOa) to those established for...

Posted on July 2, 2018 by Karen Crawford Florida v. Georgia, 585 U.S. ____ (2018), Slip Opinion No. 142, June 27, 2018 On June 27, in a 5-4 decision the U.S. Supreme Court (SCOTUS or the Court) rejected the Special Master’s conclusion that the Court could provide no...

By Karen Aldridge Crawford – March 12, 2018 Finally, following a decade of challenges to attempts by the U.S. Environmental Protection Agency (EPA) to drastically narrow the recycling exclusion in regulations setting forth the definition of solid waste and the...

Posted on July 20, 2015 by Karen Crawford I remember as though it were yesterday when the Underground Storage Tank (UST) regulations were finalized in 1988, requiring owners and operators to register existing as well as new tanks, then ensure prevention, detection and...

The court determined that the ordinances could not be enforced to the extent they directly conflicted with commonwealth law as promulgated by the Puerto Rico Environmental Quality Board. By Karen Aldridge Crawford – June 8, 2017\ The First Circuit recently addressed...

The circuits are split on whether the reach of the CWA extends to groundwater. By Karen Aldridge Crawford   Unless you live under a rock, you have likely heard the news and political debates over Clean Water Act (CWA) jurisdiction. You have likely heard about the...

Posted on August 27, 2014 by Karen Crawford   On August 20, 2014 the 9th Circuit Court of Appeals issued its opinion in Center For Community Action and Environmental Justice; East Yard Communities For Environmental Justice; Natural Resources Defense Council, Inc....

Posted on March 21, 2013 by Karen Crawford The EPA issued its long-awaited CISWI Rule in the Federal Register on February 7, 2013.  78 FR 9112.  The final rule, entitled “Commercial and Industrial Solid Waste Incineration Units; Reconsideration and Final Amendments;...

The EPA set forth a temporary policy regarding enforcement of environmental legal obligations as regulated entities respond to the COVID-19 pandemic. By Karen Aldridge Crawford Share:     We are monitoring the coronavirus (COVID-19) situation as it relates to law and...