Last month, the Minnesota Pollution Control Agency (MPCA) announced that it would delay the January 1, 2026, reporting deadline for manufacturers of intentionally added PFAS-containing products. Though MPCA did not provide...more
On May 12, 2025, the U.S. Environmental Protection Agency (EPA) issued an interim final rule to amend the reporting period under the per- and polyfluoroalkyl substances (PFAS) reporting rules issued in October 2023 under the...more
After addressing a number of other programs over the first 100 days of the new administration, on April 28, 2025, the Environmental Protection Agency (EPA) finally addressed PFAS. Administrator Lee Zeldin outlined a number of...more
On February 3-5, the PLASTICS’ Fluoropolymers Conference gathered several professionals involved with fluoropolymers to discuss the latest challenges, opportunities and technological shifts that are defining the fluoropolymer...more
As we turn to 2025 and a new administration, there are a few areas of per- and polyfluoroalkyl substances (PFAS) law worth watching in the short term, including the regulation of the chemicals in water and their treatment...more
Much will be written about the impact of the election on per- and polyfluoroalkyl substances (PFAS) policy over the coming months (or even years), and we imagine many of our updates over that time will analyze this, as well....more
On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive...more
Key Points - EPA designates PFOA and PFOS as hazardous substances under CERCLA. The congressional response includes expressions of concern about the breadth of the rule and its impact on “innocents.” The rule has spurred the...more
As federal and state governments race to regulate a class of chemicals known as per- and polyfluoroalkyl substances (PFAS), their broad efforts sweep in thousands of individual chemicals—from those for which scientific...more
Key Points-
For the first time, the Supreme Court has invoked explicitly the “major questions doctrine”—which requires Congress to speak clearly when authorizing agency action in certain extraordinary cases—to strike...more
In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more
[co-author: Christina Barone]
The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more
President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to...more
Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more
A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more
Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more
Shortly after inauguration, President Joseph R. Biden signed an Executive Order (EO) entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This sweeping Executive Order...more
Following years of litigation and a segmented rulemaking process, the U.S. Environmental Protection Agency (EPA) finalized revisions to portions of its coal combustion residuals (CCR) regulations governing, among other...more
President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery on May 19. Generally, the Order directs federal agencies to respond to the COVID-19 crisis by “rescinding, modifying, waiving, or...more
The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...more
4/27/2020
/ 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 ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 10, 2020, the U.S. Environmental Protection Agency’s (EPA or the Agency) Office of Land and Emergency Management and Office of Enforcement and Compliance Assurance issued Interim Guidance to EPA’s Regional Offices...more
In response to requests for leniency as companies grapple with reduced workforces during the COVID-19 crisis, the U.S. Environmental Protection Agency (EPA) issued a temporary policy announcing that it will exercise...more
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more
6/20/2019
/ Certification Requirements ,
Certifications ,
Clean Water Act ,
Climate Change ,
Coal Industry ,
Department of Environmental Conservation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Guidance Update ,
Oil & Gas ,
Section 401 ,
Trump Administration ,
Water Quality
After decades of insisting otherwise and before the U.S. Supreme Court has had a chance to rule on the issue, the U.S. Environmental Protection Agency (EPA) took steps to limit its interpretation of the Clean Water Act’s...more
6/4/2019
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Regulatory Oversight ,
Statutory Interpretation
On March 22, 2019, the U.S. Environmental Protection Agency (EPA) will begin to implement its own formaldehyde emission standards as required under the Formaldehyde Standards for Composite Wood Products Act, Title VI to the...more