EPA Announces New Civil-Criminal Enforcement Coordination Policy

On April 23, 2024, EPA issued a news release announcing its Strategic Civil-Criminal Enforcement Policy, whose purpose is “to strengthen the partnership between EPA’s civil and criminal enforcement programs.” EPA views collaboration by the programs as “critical to promote robust and fair enforcement that holds polluters accountable, ensures justice for communities scarred by pollution, and […]

DOJ’s Environment and Natural Resources Division Issues 2023 Accomplishments Report

On April 19, 2024, the US Department of Justice’s Environment and Natural Resources Division (ENRD) issued “Accomplishments for Fiscal Year (FY) 2023.” The accompanying press release said the report “highlights ENRD’s work in 2023 to defend pollution control measures, approvals for renewable energy projects and federal stewardship of public lands, wildlife and natural resources.” Large […]

Chemical Company to Pay $1.4 Million in Chemical Accident Prevention Settlement

In 2021, EPA conducted a Virtual Partial Compliance Evaluation (VPCE) of a chemical manufacturing facility that identified violations of EPA’s chemical accident prevention requirements. In 2022, while EPA and the company were negotiating a settlement to resolve the violations found in the VPCE, the facility had a fire that resulted in a shelter-in-place order for […]

ITC to Pay $6.6 Million to Settle NRD Claims Resulting from 2019 Fire

In press releases issued April 2, 2024, the US Department of Justice (DOJ) and the Texas Attorney General (AG) announced settlement with Intercontinental Terminals Company (ITC) of claims for natural resource damages (NRD) resulting from the 2019 fire at ITC’s facility in Deer Park, Texas. Releases from Fire According to DOJ, releases of petrochemical […]

DC Circuit Upholds FERC’s Extensions of Construction Deadlines

The US Court of Appeals for the DC Circuit ruled that the Federal Energy Regulatory Commission (FERC) acted properly when it granted extensions of the construction deadlines for a pipeline and a liquefied natural gas (LNG) project. In Petitions for Review challenging FERC’s actions, Sierra Club asserted that FERC failed to follow its own regulations […]

EPA Issues Rule Requiring Facility Response Plans

On March 21, 2024, EPA announced issuance of a final rule requiring industrial facilities to prepare and submit to EPA facility response plans. In its news release, EPA said the rule is “to ensure facilities are prepared to respond to a worst-case discharge of hazardous substances.” Plan Requirements In its Rule Summary, EPA defines “worst-case […]

EPA Finalizes Standards for Emissions from Gasoline Distribution Facilities

On March 14, 2024, EPA announced final amendments to the Gasoline Distribution National Emission Standards for Hazardous Air Pollutants (NESHAP) and final updates to the New Source Performance Standards (NSPS) for Bulk Gasoline Terminals. According to EPA’s news release, the action will apply to storage tanks, loading operations, and equipment leaks but will not apply […]

Texas Challenges EPA’s Methane and Fine Particle Rules

On March 8, 2024, the State of Texas, the Texas Commission on Environmental Quality (TCEQ), and the Railroad Commission of Texas (which regulates oil and gas production in Texas), filed a Petition for Review in the U.S. Court of Appeals for the D.C. Circuit, challenging EPA’s recent rule that regulates methane and other emissions from […]

Fifth Circuit Withdraws LNG Permit Decision and Seeks SCOTX Guidance

In November 2023, the US Court of Appeals for the Fifth Circuit reversed a Texas Commission on Environmental Quality (TCEQ) decision to issue an air permit to a liquefied natural gas (LNG) facility. The 5th Circuit held that TCEQ had not adequately explained why this LNG facility could not meet the same limits as those […]

Prison Sentences for Corporate Officials in Explosion Case

A Vice President of Operations, a former Food Safety Superintendent, and a former Environmental Manager each received sentences that included two years in prison for their roles relating to an explosion that killed five employees at their company’s facility. The Vice President and Superintendent were convicted of multiple counts in a trial in October 2023. […]

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