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Shook Hardy & Bacon LLP | USA | 30 Nov 2012

EPA denies renewable fuel standard waiver request

U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed a notice on November 16, 2012, declining to waive the renewable fuel standard (RFS) established under the Clean Air Act.


Shook Hardy & Bacon LLP | USA | 24 Aug 2012

D.C. Circuit nixes challenges to E15 waiver; plaintiffs lacked standing

The D.C. Circuit Court of Appeals has dismissed for lack of standing challenges by three trade associations to a U.S. Environmental Protection Agency (EPA) waiver that allows the sale of gasoline containing 15 percent ethanol (E15) for use in motor vehicles manufactured after 2001.


Shook Hardy & Bacon LLP | USA | 6 Apr 2012

Environmental groups challenge N.J. rule allowing DEP to waive environmental compliance

A coalition of 27 New Jersey environmental groups and labor organizations has filed a notice of appeal challenging the validity of a recently enacted rule that allows the state Department of Environmental Protection (DEP) to waive compliance with environmental rules under certain circumstances.


Shook Hardy & Bacon LLP | USA | 23 Mar 2012

New Jersey DEP adopts final rule allowing waiver of compliance in certain circumstances

The New Jersey Department of Environmental Protection (DEP) adopted a final rule (N.J.A.C. 7:1B) on March 8, 2012, allowing the agency to waive compliance with environmental regulations in certain circumstances.


Shook Hardy & Bacon LLP | USA | 21 Oct 2011

Federal court rules state environmental agency cannot extend CERCLA Statute of Limitations

A federal court in Pennsylvania has ruled that the Pennsylvania Department of Environmental Protection (DEP) cannot invoke an implied “consistency waiver” to extend the statute of limitations for bringing a Comprehensive Environmental Response, Compensation and Liability Act (CERCL A) cost-recovery action.


Shook Hardy & Bacon LLP | USA | 26 Aug 2011

DOL seeks comments on regulatory paperwork burdens for OCS oil and gas lessees

The U.S. Department of Interior’s (DOI ) Bureau of Ocean Energy Management, Regulation and Enforcement (Bureau) has issued a notice requesting comments on its estimate of the time required and cost of the reporting and recordkeeping elements of 30 C.F.R. part 250, subpart H, Oil and Gas Production Safety Systems, pertaining to Outer Continental Shelf (OCS ) operations as well as related notices to lessees and operators “that clarify and provide additional guidance on some aspect of the regulations.” 76 Fed. Reg. 50,748 (81611).


Shook Hardy & Bacon LLP | USA | 26 Aug 2011

USDA denies New York City’s plan to ban food-stamp use for soda

The U.S. Department of Agriculture has rejected New York City Mayor Michael Bloomberg’s plan to prohibit residents from using food stamps to buy sugar-sweetened beverages and soda.


Shook Hardy & Bacon LLP | USA | 5 Aug 2011

FSMA fees and burdens on small business on FDA docket

The Food and Drug Administration has issued a notice and request for comments about fiscal year 2012 fees under the Food Safety Modernization Act.


Shook Hardy & Bacon LLP | USA | 22 Jul 2011

EPA publishes proposed orvr-related rule

EPA has published a proposed rule that would set criteria for determining when onboard refueling vapor recovery (ORVR) is in “widespread use” for purposes of controlling motor vehicle refueling emissions.


Shook Hardy & Bacon LLP | USA | 15 Jul 2011

EPA guidance on ozone standard vacated for APA and CAA violations

The D.C. Circuit Court of Appeals has vacated EPA guidance allowing some states to avoid collecting emissions fees from stationary sources in areas with severe or extreme ozone problems by using alternative compliance measures.

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