The U.S. Environmental Protection Agency (EPA) has announced a public meeting of the Science Advisory Board (SAB) Environmental Justice Screen (EJScreen) Review Panel (Panel) to discuss EPA's EJScreen methodology and updated...more
The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more
The U.S. Environmental Protection Agency (EPA) on March 29, 2023, published in the Federal Register its long-awaited proposal to regulate per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA)...more
3/30/2023
/ Comment Period ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Proposed Regulation ,
Public Health ,
Public Hearing ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure
The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more
1/10/2023
/ CERCLA ,
Corporate Counsel ,
Drinking Water ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
It has taken a year to obtain greater certainty of what is required to satisfy the U.S. Environmental Protection Agency's (EPA) all appropriate inquiries (AAI) rule (40 CFR part 312). Earlier this year, EPA issued a direct...more
The U.S. Environmental Protection Agency (EPA) issued four lifetime health advisories1 for several per- and polyfluroroalkyl substances (PFAS) on June 15, 2022. Health advisories issued for two contaminants – perflurooctanoic...more
The U.S. Environmental Protection Agency (EPA) published a proposed rule on June 9, 2022, to revise the requirements for water quality certification under the Clean Water Act (CWA) Section 401. The proposed rule changes both...more
U.S. Environmental Protection Agency (EPA) Assistant Administrator Radhika Fox issued a memorandum on April 28, 2022, addressing EPA's revised guidance for addressing per- and polyfluoroalkyl substances (PFAS) in National...more
The U.S. Environmental Protection Agency (EPA) announced on March 31, 2022, that it did not intend to regulate perchlorate in drinking water, leaving its July 2020 decision in place. EPA concluded that the prior decision was...more
The U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry (manufacturers, processors, distributors, users and so-called disposers of fluorinated polyolefin containers)...more
According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the...more
The U.S. Environmental Protection Agency (EPA) published its National Pollutant Discharge Elimination System (NPDES) 2021 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial...more
With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more
The U.S. Environmental Protection Agency (EPA) issued a press release on Nov. 30, 2020, describing recommendations from the per- and polyfluoroalkyl substances (PFAS) National Pollutant Discharge Elimination System (NPDES)...more
On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more
10/20/2020
/ Certification Requirements ,
Clean Water Act ,
Comment Period ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FERC ,
Liquid Natural Gas ,
Natural Gas ,
Natural Gas Act ,
NPRM ,
Pipelines ,
Water Quality
With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more
9/18/2020
/ Bankruptcy Code ,
CERCLA ,
Chapter 11 ,
Clean-Up Costs ,
Commercial Bankruptcy ,
Corporate Fines ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Popular ,
Potentially Responsible Party (PRP) ,
RCRA ,
Statutory Penalties
On Aug. 21, 2020, the U.S. Environmental Protection Agency (EPA) published its Final Rule, Streamlining Procedures for Permit Appeals, in the Federal Register (85 Fed. Reg. 51,650), which becomes effective Sept. 21 for all...more
On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more
With issuance of the June 29, 2020, memorandum by the U.S. Environmental Protection Agency (EPA) indicating that the temporary policy regarding EPA's exercise of enforcement discretion during the COVID-19 public health...more
The U.S. Environmental Protection Agency (EPA) issued a press release on June 18, 2020, indicating it has determined that perchlorate does not meet the criteria for regulation as a drinking water contaminant under the Safe...more
The deadline for commenting on the proposed U.S. Environmental Protection Agency (EPA) regulation, 40 C.F.R. Part 2, new Subpart D, is June 22, 2020, and to date very few comments have been logged in Docket ID No....more
By letter dated June 1, 2020, Director of Watershed Management for the Massachusetts Department of Environmental Protection (MassDEP) Lealdon Langley filed comments at www.regulations.gov for Docket ID: EPA-HQ-OW-2019-0372...more
The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more
5/27/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
On May 14, 2020, the U.S. Environmental Protection Agency (EPA) issued a press release concerning its work related to addressing perchlorate in drinking water. ...more
As the construction industry prepares to reopen, contractors are making detailed plans to comply with state and municipal safety requirements related to the coronavirus (COVID-19) pandemic. Among the plans that needs careful...more