In this episode of the Let’s Clear the Air energy podcast, co-hosts Adam, Bryan, and Stuart delve into the scope and scale of Environmental Protection Agency powers with environmental law expert Sam Boxerman. They discuss the role of the EPA, its responsibilities, and how it impacts daily life and various industries.
The conversation explores the balance between economic benefits and environmental protection, the differences in regulatory approaches between administrations, and the agency’s discretion in developing regulations.
They also touch on the role of courts in EPA regulations, enforcement actions, and the emerging technologies in emission monitoring. The episode concludes with a forward-looking discussion on the future of environmental regulation and the importance of collaboration between industry and government agencies.
About Sam Boxerman
Samuel Boxerman has 38 years of experience in environmental law, handling complex litigation and providing strategic counseling. He advises GPA Midstream in regulatory matters involving EPA and other government agencies.
Sam defends against government investigations and enforcement actions under the Clean Air Act (Title I and II), Clean Water Act, CERCLA and RCRA, and advises clients on regulatory matters, assisting with comments on agency proposals and challenges to agency actions. Sam also represents private and sovereign clients in investment treaty and commercial arbitrations.
Sam has been named to Best Lawyers and Super Lawyers, where he is described as “an outstanding attorney” who brings “years of in-depth experience” providing “sound advice,” and has been recognized as a BTI Client Service All-Star. He is listed among the 2024 Best Lawyers “Lawyer of the Year” honorees in Environmental Law and 2024 Lawdragon “Green 500: Leaders in Environmental Law.” Sam joined Sidley in 1991 from the U.S. Department of Justice, where he handled environmental enforcement litigation. Sam also served as a Special Assistant U.S. Attorney prosecuting criminal matters.
Takeaways
- EPA develops and enforces regulations based on federal environmental laws.
- States can implement their own regulations as long as they are more stringent than federal laws.
- EPA regulations impact daily life, from appliances to air quality.
- Balancing economic benefits with environmental protection is a complex challenge.
- Different administrations have varying approaches to environmental regulation, and EPA has significant discretion in how it develops and enforces regulations.
- The courts can influence EPA regulations and their enforcement.
- Enforcement actions can be administrative, civil or criminal.
- Emerging technologies are enhancing the monitoring of emissions.
Chapters
- 00:00 Introduction to Environmental Law and the EPA
- 02:49 Understanding the EPA’s Role and Responsibilities
- 06:20 Federalism in Environmental Regulation
- 07:18 Impact of EPA Regulations on Daily Life
- 12:32 Balancing Economic Benefits and Environmental Protection
- 16:31 Differences in Administration Approaches to Regulation
- 20:56 EPA’s Discretion in Regulation Development
- 23:17 The Role of Courts in EPA Regulations
- 25:13 Enforcement Actions by the EPA
- 28:40 State vs. Federal Reporting Responsibilities
- 31:11 Emerging Technologies in Emission Monitoring
- 34:21 Looking Ahead: Future of Environmental Regulation
Share This
