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Litigation Minute: Emerging Contaminants: What's on the Horizon?

What You Need to Know in a Minute or Less - Emerging contaminants are synthetic or natural chemicals that have not been fully assessed from a health or risk perspective and are reportedly finding their way into consumer...more

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day...more

2023 PFAS Regulatory Roundup and Looking Ahead

On Thursday, 14 December 2023, the US Environmental Protection Agency (EPA) released its Second Annual Progress Report under the 2021 PFAS Strategic Roadmap outlining notable regulatory actions taken on per- and...more

EPA's Draft Plastics Strategy: A Road Map of What Comes Next

The U.S. Environmental Protection Agency (EPA or the Agency) recently released a “Draft National Strategy to Prevent Plastic Pollution.” Depending on its ultimate composition, the final strategy could materially affect the...more

Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more

U.S. EPA Releases Cumulative Impacts Addendum to Guidance on Legal Tools to Advance Environmental Justice

On 11 January 2023, EPA‘s Office of the General Counsel released the Cumulative Impacts Addendum (the Addendum). This 52-page document provides the first-ever collection of examples of environmental and other legal...more

EPA Proposes New Rules Governing Section 401 Water Quality Certification

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

NEPA: The Old Becomes New

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more

Carbon Quarterly – Volume 5

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA Gets Serious About Environmental Justice

Since taking office in January 2021, President Biden has made clear that his administration plans to prioritize environmental justice (or EJ for short). The U.S. Environmental Protection Agency (EPA)—which will be tasked with...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

Trump Administration’s Environmental Regulatory Reform Presents a Unique and Immediate Opportunity

Are your clients subject to burdensome environmental rules? If so, the time to act is now. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has directed EPA to solicit recommendations for the rollback of...more

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

EPA Proposes Strict Greenhouse Gas Emissions Standards On New Electric Utilities

The United States Environmental Protection Agency (EPA) has proposed New Source Performance Standards (NSPS) that would set carbon dioxide (CO2) emission limits for certain new fossil-fueled electric utility generating units...more

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