The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more
9/14/2023
/ Amended Rules ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rapanos v US ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances.
“Major sources” (i.e....more
The U.S. Supreme Court has issued its opinion in the landmark Clean Water Act (“CWA”) case of Sackett v. EPA, No. 21-454 (May 25, 2023). This decision delivers a significant change in terms of the reach and jurisdiction of...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/15/2023
/ Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Coal-Fired Plants ,
Electric Generation Suppliers ,
Energy Reform ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Power Plants ,
Proposed Rules
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more
5/11/2023
/ Affordable Clean Energy (ACE) Rule ,
Carbon Capture and Sequestration ,
Climate Change ,
Coal ,
Electricity ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Power Plants
On April 12, 2023, a federal district court judge in North Dakota issued a temporary injunction blocking implementation of the EPA and Army Corps of Engineers regulations redefining Waters of the United States (“WOTUS”) under...more
On March 15, 2023, EPA finalized its Good Neighbor Plan under the Clean Air Act (“CAA”), a rule designed to reduce smog-forming nitrogen oxide ("NOx") pollution from power plants and other industrial facilities in 23 upwind...more
On January 6, 2023, EPA announced that is was issuing a proposed rule to lower the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”), also referred to as soot...more
On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Army Corps”) announced they had finalized the rule establishing the definition of “waters of the United States”...more
As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more
4/19/2022
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Earth Day ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Pollution Control ,
RCRA ,
Regulatory Agenda ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more
3/16/2022
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Discharge of Pollutants ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Incident Response Plans ,
Navigable Waters ,
Pollution Control ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
EPA faces continuing pressure to improve the way it protects communities from lead in drinking water. One focus of the current EPA has been the Lead and Copper Drinking Water Rule Revisions (“LCRR”), promulgated under the...more
1/12/2022
/ Biden Administration ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
Lead ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure