The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more
On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data...more
While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of...more
Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more
In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more
4/8/2025
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Utilities Sector ,
Water
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
3/14/2025
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals ,
Trump Administration
In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more
1/7/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Energy Sector ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Financial Responsibility Standards ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
New Legislation ,
New York ,
Rulemaking Process ,
Superfund
Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a...more
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process.
The U.S. Environmental...more
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
The rapid spread of the coronavirus has generated new interest in the regulation of medical waste.
The COVID-19 crisis is generating a significant amount of regulated medical waste....more
Pandemic-related work stoppages and delays are affecting both field and non-field work at Superfund sites.
COVID-19 is impacting Superfund site investigations and response activities.
...more
In landmark Arco decision, the U.S. Supreme Court held that state courts have jurisdiction to hear state law claims that involve sites with ongoing federal cleanup actions.
CERCLA does not strip state courts of...more
EPA existing guidance provides some conceptual anchoring for informing evolving risk management considerations.
- Regulated parties face disruption of their ability to comply with environmental, health & safety laws due...more
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles.
- EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more
2/28/2020
/ Enforcement Actions ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Imports ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Risk Mitigation ,
Rulemaking Process ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.”
This...more
The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more
6/17/2016
/ Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Obama Administration ,
Oil & Gas ,
Volatile Organic Compounds (VOC)
After tackling greenhouse gas (GHG) emissions from passenger vehicles and power plants, the Environmental Protection Agency (EPA) on June 10 announced its latest regulatory initiative—a GHG emissions standard for aircraft....more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...more