One of the most surprising comments I received on my piece last week about the United States Supreme Court getting out of the environmental law making business was that the Court's opinion in West Virginia v. EPA was a...more
For most of my time on this planet, and all of my more than thirty years as an environmental lawyer, the nation's highest court has, with very few exceptions, blessed the United States Environmental Protection Agency's broad...more
Much has already been written about the Supreme Court's decision yesterday to tie EPA's hands in its effort to mitigate the GHG fueled climate catastrophe we face. As we prepare to celebrate the birth of our nation, I'd like...more
Lara Beaven of Inside EPA reports that the House Appropriations Committee intends to give EPA every dollar it has requested to implement its ambitious and wide-ranging plan for addressing the ubiquitous "forever" chemicals...more
EPA has announced that the second part of its eighth attempt to define the reach of the Clean Water Act will be delayed until November of 2023. At the same time EPA announced it will move forward with finalizing part one of...more
Today we learned EPA is deviating from its less than one year old PFAS road map by issuing new health advisory levels for certain PFAS ahead of the finalization of EPA's PFAS Toxicity Assessment and the establishment of...more
Surprising no one, lawyers for EPA and the US Army Corps of Engineers have implored the Supreme Court to affirm the Ninth Circuit Court of Appeals' application of Justice Kennedy's "significant nexus" test for determining the...more
Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law, an essay by Sam Sankar of EarthJustice is well worth your time. ...more
A little over a month ago EPA's Science Advisory Board decided "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United States.” As many of you know, EPA's proposal is...more
Inside EPA reports that EPA has been looking at "techniques and procedures" to apply CERCLA, also known as the Superfund statute, differently to "folks who are not responsible for causing" PFAS releases even though those...more
Almost two years to the day after the United States Supreme Court's decision in Maui v. Hawaii Wildlife Fund, the First Circuit Court of Appeals rendered its decision in The Blackstone Headwaters Coalition v. Gallo Builders. ...more
Inside EPA's water policy maven, Lara Beaven, is reporting on the EPA's Science Advisory Board's judgment that "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United...more
Inside EPA reports that the United States Chamber of Commerce has objected to the inclusion of the forever chemicals known collectively as PFAS in the 2021 ASTM standard for Environmental Site Assessments that EPA was...more
Some of you may recall that late last year an NGO filed a lawsuit against an operator of a wastewater treatment facility in the mountains of Montana alleging that the reuse of water treated by the facility was the "functional...more
Inside EPA reports today on the concerns of water suppliers needing to remove PFAS from drinking water.
Among other things, PFAS removal results in residuals, or what you and I might call sludge, that won't be going the...more
Bloomberg has published the United States Chamber of Commerce's amicus brief in the Rapanos case. As many of you know, the Supreme Court of the United States is using this case to consider (again) the jurisdictional reach of...more
Bloomberg Environment reports that Maine Governor Janet Mills is about to sign legislation banning the land application of biosolids in Maine unless those biosolids are determined to be free of PFAS. Practically speaking,...more
I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus" test is in trouble
Yesterday the Sacketts of Idaho shared with the United States Supreme...more
Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more
Yesterday EPA Assistant Administrator for Water Radhika Fox told an EPA Advisory Committee EPA remains committed to using Federal rule making to find "common ground" respecting the reach of the Federal Clean Water Act. ...more
This morning we read that it might take EPA a bit longer than anticipated just a few days ago to bless the new ASTM standard for environmental site assessments. Why?...more
With all the attention on PFAS over the past few years, you might assume that your standard Environmental Site Assessment would assess the possibility that the property you're buying has been impacted by PFAS, the "forever...more
A Magistrate Judge and EPA continue to strongly disagree about the application of the Safe Drinking Water Act to septic systems and cesspools in New York State Parks. The Magistrate Judge has concluded, both before and after...more
Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more
Bloomberg Environment is the first to break the news that the United States Supreme Court has granted the wish of the Sacketts of Idaho, almost half the States of the Union and several associations who asked our nation’s...more