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Texas Clears Penultimate Hurdle to Class VI Primacy: What it Means for CCS and State-Led Permitting

On June 9, 2025, the U.S. Environmental Protection Agency (EPA) proposed granting the State of Texas primary enforcement authority—commonly referred to as “primacy”—over the permitting and regulation of Class VI underground...more

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more

Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation

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

Texas Commission on Environmental Quality Implements Changes to Compliance History Rules

Rule change may have impact on permitting, reporting and enforcement for sites dealing with emergencies. The Texas Commission on Environmental Quality (TCEQ) has adopted changes to compliance history rules that would...more

TCEQ Proposes Important Changes to Its Compliance History Rules

The Texas Commission on Environmental Quality (TCEQ) has proposed changes to compliance history rules that would authorize the Executive Director to unilaterally “reclassify” a facility’s compliance history in the wake of an...more

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