Environmental Law Publications

States Critical of EPA’s Draft Risk Evaluation for PERC

By: Ted A. Warpinski and M. Andrew Skwierawski On May 4, 2020, the U.S. Environmental Protection Agency (“EPA”) published a notice of its draft risk evaluation for PERC (Perchloroethylene), seeking public comment on the same. Prompted by a requirement in the Toxic Substances Control Act (TSCA), the EPA performs a risk evaluation to determine whether…

Read Full Article

COVID-19 Era Environmental Compliance

By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, the United States Environmental Protection Agency (USEPA) issued guidance on how it intends to handle environmental compliance obligations that may be impacted by the COVID-19 Pandemic.  A link to our update on that guidance can be found here.  At that time, we expected that…

Read Full Article

EPA Issues Guidance on Enforcement Discretion During COVID-19 Pandemic

By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, EPA issued the policy document entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The policy document addresses situations where compliance with environmental obligations may not be “reasonably practicable” due to COVID-19. The policy is retroactive to March 13, 2020. Regulated entities…

Read Full Article

Attorneys Ted Warpinski and Chris Meuler Author Blog Post for State Bar of Wisconsin’s Environmental Law Section Blog

Litigation attorneys, Christopher Meuler and Ted Warpinski, authored a post for the State Bar of Wisconsin’s Construction & Public Contract Law Section Blog. Their blog post, Should We Assume that Assumption Is a Good Idea? State Wetland Permitting and Act 183, discuss the mechanics of assumed jurisdiction and potential benefits and costs in light of the Wisconsin…

Read Full Article