Back in 2023, the U.S. Environmental Protection Agency (EPA) issued a sweeping information-gathering rule under the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) to report on per- and...more
The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more
The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes...more
U.S. Environmental Protection Agency (EPA) Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and the agency’s corrective action authority under the Resource...more
The U.S. Environmental Protection Agency (EPA) published a final reporting rule under the Toxic Substances Control Act (TSCA) on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances (PFAS) and...more
10/24/2023
/ Compliance ,
Covered Entities ,
Deadlines ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
For the first time and after much anticipation, the U.S. Environmental Protection Agency (EPA) proposed National Primary Drinking Water Regulations for key “forever chemicals.” The proposed rule would establish near-zero...more
Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form)
1. Planning And Zoning -
OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022)
The court...more
2/17/2023
/ California ,
CEQA ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Fully Protected Species ,
Land Developers ,
Land Use Restrictions ,
State and Local Government ,
Urban Planning & Development ,
Wetlands ,
Zoning Laws
Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more
5/1/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more
The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more
1/29/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
New Regulations ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more
12/18/2018
/ Bright-Line Rule ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Proposed Regulation ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States