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On June 22, 2010, the United States Environmental Protection Agency ("EPA") issued interim guidance ("Guidance") advising EPA staff conducting Clean Air Act Section 112(r) on-site compliance evaluations that an offer to participate in such evaluations should be provided to facility employees and employee representatives.

In a stunning rebuke to decades of EPA practice, the United States Supreme Court on March 21, 2012 changed the way many of our federal environmental laws will be enforced.