Hepler Broom, LLC

Tag Archives: USEPA

Environmental Justice Becomes Part of Federal Climate Change Policies

February 23, 2021

Summarizes key environmental justice aims of 2021 Executive Order on Climate Crisis: philosophy, new Councils, added enforcement duties and emphases

County of Maui v. Hawaii Wildlife Fund: What Happens Now?

May 28, 2020

Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters.  In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are […]

USEPA Announces Revised Interpretation of “Begin Actual Construction” under New Source Review Regulations

May 18, 2020

On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner […]

Supreme Court: Groundwater Discharges to Navigable Waters Require a Permit When ‘Functionally Equivalent’ to a Direct Discharge

April 23, 2020

Summary of County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. No. 18-260, Argued 1/6/2019, Decided 4/23/2020) Petitioner, County of Maui (“Maui”), operates a wastewater reclamation facility that partially treats water from the surrounding area, then releases roughly 4 million gallons of treated water into the ground through four wells. The effluent travels through […]

Understanding and Navigating Federal, Illinois and Missouri COVID-19 Environmental Enforcement Discretion Policies

April 21, 2020

The shelter-in-place orders and essential business guidelines and directives that have been issued by the federal government and the states of Illinois and Missouri have raised questions about the feasibility of compliance with environmental requirements during the COVID-19 pandemic.  As outlined below, the United States Environmental Protection Agency (“USEPA”), Illinois Environmental Protection Agency (“IEPA”) and […]

What Does My Business Need To Know About Compliance With The Hazardous Waste Generator Improvements Rule?

March 1, 2018

The Hazardous Waste Generator Improvements Rule (GIR), which was finalized by USEPA in 2016, is a significant reorganization of the regulations applicable to hazardous waste generators. 81 Fed. Reg. 85732 (Nov. 28, 2016). With the GIR, USEPA moved all of the RCRA generator provisions into one section – 40 C.F.R. Part 262. The GIR also […]

COVID-19 Updates