Topics discussed this week include:
- DOJ and EPA issue guidance documents with implications for environmental enforcement.
- EPA ends “once-in always-in” MACT policy.
- EPA delays applicability of WOTUS rule, prompting lawsuits.
- EPA issues proposed ROD Amendment for $236 million cleanup of West Lake Landfill Superfund Site.
- EPA releases FY 2017 enforcement results.
- Ninth Circuit holds that discharges through groundwater to waters of the United States are regulated under the Clean Water Act.
- White House infrastructure plan proposes major changes to NEPA permitting process for projects.
This week’s enforcement update covers:
- CFTC orders Deutsche Bank Securities Inc. to pay $70 million penalty for attempted manipulation of ISDAFIX benchmark;
- CFTC and DOJ announce spoofing charges against banks and individuals;
- FERC files amended complaint in case against Powhatan and Chen;
- Judge grants joint motion on summary judgment procedure in FERC case against Silkman/CES;
- FERC OE files answer to BP motion seeking dismissal based on statute of limitations;
- FERC Chairman testifies on grid performance during recent weather events; and
- FERC Commissioner Rich Glick stresses importance of FERC enforcement regime.