Manufacturers, processors and formulators of ag chemicals should take note that the U.S. Environmental Protection Agency’s January 25 change to its “once in always in” policy will allow facilities that have historically been regulated as “major sources” of hazardous air pollutants to be reclassified as “area” sources if they have reduced their potential to emit

Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as waters of the United States under the act. Yesterday, Bob Wilkinson explained how this issue came to a head in a recent 9th Circuit opinion and how, in response, EPA is requesting comments on

We previously discussed the D.C. Circuit’s decision in Waterkeeper Alliance v. EPA, 853 F.3d, to strike down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes. In October 2017, EPA petitioned the D.C. Circuit to stay the mandate in that case. On November 22, the D.C.

Last week, the U.S. Environmental Protection Agency (“EPA”) filed a motion in the D.C. Circuit asking the court to delay the reporting requirement until 2018. Unless the motion is granted, farms with reportable releases of hazardous substances from animal waste must begin reporting those releases next Wednesday, November 15, 2017.

On November 9, the National

On Monday October 30, the U.S. Environmental Protection Agency (“EPA”) filed a motion Monday in the D.C. Circuit asking the court to delay the reporting requirement until January 18, 2018. Unless the motion is granted, owners or operators of farms with reportable releases of hazardous substances from animal waste must begin reporting those releases on

We previously discussed the decision of the D.C. Circuit in Waterkeeper Alliance v. EPA, 853 F.3d, striking down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes and EPA’s petition to stay the mandate in that case until late January 2018.  The D.C. Circuit responded

In April 2017, the D.C. Circuit issued a decision in Waterkeeper Alliance v. EPA, 853 F.3d 527, which, if upheld, will require approximately 63,000 small- and medium-sized farms that were previously exempt from the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements to come

The federal Toxic Substances Control Act, originally enacted in 1976, will be substantially revised as a result of amendments passed by the House of Representatives last month and by the Senate this week.  Although pesticides remain excluded from the definition of chemical substances under the Act, many other chemical substances and mixtures manufactured and imported