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New EPA Positions Reflected in Sweeping Rollback of Greenhouse Gas Regulation

The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more

Enhanced Sustainability Requirements for Federal Contractors

On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

EPA Issues the First-Ever National Drinking Water Standard for PFAS

On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

Second Circuit Affirms Dismissal of New York City's Climate Suit

The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more

Federal Agencies Launch New Websites Containing All Guidance Documents Still In Effect - Guidance documents not included on the...

This action implements a portion of the President's recent Executive Order 13891, "Promoting The Rule Of Law Through Improved Agency Guidance Documents." In that executive order, the President directed agencies to review...more

U.S. Supreme Court Permits State Law Claims for Restoration Damages at Superfund Sites

The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more

EPA's Proposed SNUR on LCPFAC Surface Coatings - A proposed rule would require prior Environmental Protection Agency approval...

On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more

EPA Moving Toward Drinking Water Health Standard for PFOA and PFOS

The Situation: The U.S. Environmental Protection Agency ("EPA") preliminarily determined to begin the process for setting National Primary Drinking Water Regulations ("NPDWRs") for perfluorooctanoic acid ("PFOA") and...more

Groups Petition EPA for Regulation of PFAS Chemicals Under RCRA - The designation of certain per- and polyfluoroalkyl substances...

On January 15, 2020, several environmental groups filed a petition asking the Environmental Protection Agency ("EPA") to regulate certain per- and polyfluoroalkyl substances ("PFAS") under the Resource Conservation and...more

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