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The U.S. Environmental Protection Agency (“EPA”) has announced its newest target for Clean Air Act enforcement: metal recycling facilities.

On July 12, 2021, Physicians for Social Responsibility (“PSR”) issued a highly speculative report that raised concerns about a chemical approved by the EPA in 2011 for use in hydraulic fracturing fluid that “might” degrade into the so-called “forever chemicals” PFAS or PFOA.

For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals.

On June 30, 2021, President Biden signed into law a joint resolution of Congress repealing a Trump administration rule that removed methane as a pollutant regulated under the Clean Air Act in the oil and gas industry.

The acting head of the EPA’s enforcement office issued a Memorandum on June 21, 2021, that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters. Previously EPA Administrator Regan shared a message on April 7 with EPA employees that affirmed the Biden administration’s commitment to EJ.

On May 19, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a final Clean Air Act Outer Continental Shelf air permit to Vineyard Wind 1, LLC (“Vineyard Wind”), thereby clearing a major permitting hurdle in advance of commencing construction of an 800-megawatt wind farm that will be the nation’s first major offshore wind project.

On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement and advance the protection of overburdened communities — meaning minority, low-income, tribal, or indigenous populations or geographic locations in the United States that potentially experience disproportionate environmental harms and risks.

On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also known as “Quad Oa.”

On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020.

On December 1, 2020, Singaporean shipping company Pacific Carriers Limited (“PCL”) entered a $12 million plea agreement to resolve criminal charges that it knowingly failed to record illegal discharges of oil waste and garbage and concealed a hazardous condition aboard the M/V Pac Antares from the United States Coast Guard.

On March 26, 2020, as government officials issued a slew of stay-at-home orders, the U.S. Environmental Protection Agency (EPA) published an emergency policy memorandum describing how the agency would exercise its enforcement discretion during the COVID-19 crisis.¹