EPA is actively conducting on-site inspections focused on RMP and EPCRA compliance, and facilities receiving a Notice of On-Site Compliance Inspection (NOCI) must act smartly. Recent notices show that EPA is pairing short lead times with broad document requests, planning multi-day inspections, and undertaking close review of Program 3 accident prevention requirements.
For facilities with
Begin the Begin: EPA Proposes Revisions to “Begin Actual Construction”
R.E.M. track “Begin the Begin” starts A birdie and a hand for life’s rich demand. Well, regulated entities demanded, and the birdie delivered EPA’s proposed rule to revise the New Source Review (NSR) preconstruction permitting regulations and expand the scope of activities allowed prior to issuance of a NSR permit. The rule proposal redefines “begin actual construction”
EPA Issues Guidance to Streamline Title V Permit Reviews
On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance intended to streamline the review and issuance of Title V operating permits under the Clean Air Act. This guidance may effectively reduce Title V permitting timelines, particularly where public opposition is limited. EPA’s guidance promotes parallel EPA and public comment reviews, earlier permit
EPA’s New “Compliance First” Policy
On December 5, 2025, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance issued a memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities”(Compliance Memorandum). The Compliance Memorandum, nicknamed the Pritzlaff Memo, directs staff to prioritize efficient compliance over punitive measures, supporting the agency’s “Powering the
When EPA Comes Knocking: Guidance on Environmental Enforcement
Originally published in The Advocate, the magazine of the Idaho State Bar (October 2025).
EPA enforcement activity remains an ongoing concern for regulated entities, even amid shifting political priorities. In this article, Stoel Rives attorneys outline how the EPA exercises its inspection and enforcement authority and what businesses can do to prepare.
They
The Chevron Doctrine’s Gone, but the APA Lives On
Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial
Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority
As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and
EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect
Stoel Rives Summer Associate Maya Ward co-authored this post.
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order, Oklahoma v. EPA, No. 24-1125 (D.C. Cir. July 30, 2024). The
Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions
Stoel Rives Summer Associate Jessica Wright co-authored this post.
In a landmark decision on July 1, 2024, the Supreme Court ruled that the six-year statute of limitations for facial challenges to agency regulations under the Administrative Procedure Act (APA) begins when the final agency action injures a plaintiff, not when the regulation is issued. This
SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In
Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to combat securities fraud and increase market transparency. The Securities and Exchange Commission (SEC) is the agency that delegated enforcement of these acts, which until 2010, had to occur in a court of law. In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) which allowed the SEC to impose penalties through in-house proceedings. These in-house proceedings look similar to those of other agencies, and typically take place in front of an Administrative Law Judge (ALJ) who is employed by the agency but swears to remain impartial. Sound familiar? This framework is much like the Environmental Protection Agency’s (EPA) ALJ and Environmental Appeals Board (EAB) paradigm.
Continue Reading SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is InOhio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP
Stoel Rives Summer Associate Jessica Wright co-authored this post.
We want to bring to your attention a recent development involving the Environmental Protection Agency’s (EPA) regulation of air pollutants. In the case Ohio v. EPA, the Supreme Court issued a stay on the enforcement of the EPA’s Federal Implementation Plan (FIP), halting the EPA’s ability