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EPA Proposes Revisions to Clarify New Source Review Permitting Process - Updating “Project Emissions Accounting”

USA - August 7 2019 Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify...

Jeryl L. Olson, Craig B. Simonsen, Patrick D. Joyce.

Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious

USA - July 3 2019 The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board's clean construction or demolition debris (CCDD) rules were not...

Jeryl L. Olson, Craig B. Simonsen, Patrick D. Joyce.

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered

USA - June 27 2019 Seyfarth Synopsis: The U.S. Supreme Court decided this week a key precedent of administrative law that tells judges to defer to an executive agency’s...

Craig B. Simonsen, Joshua M. Henderson.

USEPA Determines Pollutant Releases to Groundwater from Point Source Do Not Require NPDES Permit

USA - April 17 2019 Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that according to the Agency “clarifies” that releases of...

Jeryl L. Olson.

Still Business-Friendly Times - DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

USA - January 10 2019 In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it "should not treat a...

Craig B. Simonsen, Patrick D. Joyce.