January 19, 2018
On Friday, January 19, 2018, U.S. EPA filed a motion with the D.C. Circuit Court for another 3-month delay in the effective date of the mandate, stemming from their April 2017 decision on CERCLA-EPCRA reporting. Once such a motion is filed, the DC Circuit Court gives the other parties in the suit time to file briefs. Therefore, the mandate was not issued as expected on January 22, 2018, and the soonest we now expect the court to issue its mandate is February 5, 2018. Farmers planning to make an initial report, or on January 22 start the 30-day countdown for a follow-up written report, can hold off. It is distinctly possible that the court could grant EPA's request for a full 3-month delay, until April 23, 2018, as the environmental litigants (Waterkeeper Alliance et al) told the court they did not object. In the meantime, U.S. EPA has also developed a new, 2-page fact sheet about these reporting requirements - U.S. EPA Fact Sheet.
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