On April 13, 2026, the U.S. Environmental Protection Agency (EPA) issued a final rule further delaying the start of the one-time data submission period for reporting per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule postpones the opening of the reporting window until EPA completes a separate
EPA RMP & EPCRA Inspections: What to Do If You Receive Notice
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
Ninth Circuit Signals Potential Changes to EPA Effluent Guidelines
In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across
SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits
Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge pollutants to waters of the United States (“WOTUS”). This week, the Supreme Court clarified in San Francisco v. EPA (Case No. 23-753) that the
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
Ohio 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
EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first
Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)
This post was co-authored by Beth Ginsberg & Krista McIntyre.
The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a Supplemental Environmental Project (SEP), unless the SEP is expressly authorized by Congress. Companies and individuals accused of violating environmental laws and permits, like Clean Air Act and Clean Water Act permits, commonly agree to perform SEPs to fund projects that go beyond compliance instead of paying a higher cash penalty to the U.S. Treasury. Going forward, companies, individuals, and local governments will no longer have SEPs as a settlement option.
To support this policy reversal after more than 30 years, U.S. DOJ cites to the Miscellaneous Receipts Act, which grants only Congress the authority to decide how to appropriate federal funds. The U.S. DOJ views SEPs as federal funds, and, in U.S. DOJ’s opinion, the EPA and other federal agencies lack the authority to divert those funds to third party recipients and to select the projects that should receive the funds. The power of the purse rests squarely with Congress. “[W]ith SEPs, money otherwise destined for the Treasury finds its way to another destination, not at the insistence of Congress, where the Constitution puts that authority, but instead at the insistence of an administrative agency, or a non-federal entity, or some combination thereof.”
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