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EPA Takes Sweeping Actions to Regulate PFAS, California Makes Targeted Moves - 2024 Land Use, Environmental & Natural Resources...

As Americans are becoming increasingly aware, per- and polyfluoroalkyl substances (PFAS) are a class of thousands of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have...more

U.S. EPA and California Move Towards Comprehensive PFAS Regulation

In last year’s update, we provided an overview of federal and California regulatory actions designed to protect public health and the environment from the impacts of per- and polyfluoroalkyl substances (PFAS). These actions...more

2023 Land Use, Environmental, & Natural Resources Update

In last year’s update, we provided an overview of federal and California regulatory actions designed to protect public health and the environment from the impacts of per- and polyfluoroalkyl substances (PFAS). These actions...more

California Environmental Law & Policy Update - November 2021

EPA’s power to curb greenhouse gases faces Supreme Court scrutiny - Courthouse News Service – October 29 - The Supreme Court announced last Friday that it will hear challenges brought by the states of West Virginia...more

California Environmental Law & Policy Update - October 2021 #5

Federal court rejects continued application of Trump-era water quality review rule pending adoption of alternative regulation - Courthouse News Service – October 22 - Judge William Alsup of the U.S. District Court for...more

California Environmental Law & Policy Update - October 2021 #4

EPA unveils strategy to regulate PFAS - Associated Press – October 18 - Michael Regan, the head of the U.S. Environmental Protection Agency (EPA), announced on Monday that the agency is launching a broad strategy to...more

California Environmental Law & Policy Update - October 2021 #3

California appellate court overturns Monterey County fracking ban - Courthouse News Service – October 12 - A California appeals court on Tuesday set aside a Monterey County measure banning hydraulic fracturing, or...more

California Environmental Law & Policy Update - October 2021 #2

Biden administration to restore climate criteria to NEPA - The New York Times – October 6 - The Biden administration on Wednesday announced that it would restore climate change protections to the nation’s bedrock...more

California Environmental Law & Policy Update - September 2021 #4

EPA rescinds previous administration’s guidance on Clean Water Act permit requirements - Water & Wastes Digest – September 21 - The U.S. Environmental Protection Agency (EPA) is rescinding its guidance document: “Applying...more

California Environmental Law & Policy Update - September 2021 #2

EPA to propose first-ever PFAS discharge limits - The Hill – September 8 - The U.S. Environmental Protection Agency (EPA) announced on Wednesday that it will propose a rule to set the first-ever limits on the...more

California Environmental Law & Policy Update - September 2021

Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more

California Environmental Law & Policy Update - August 2021 #4

Southern California counties reach most intense drought category - Los Angeles Times – August 23 - As drought conditions continue to worsen throughout California, Ventura and other Southern California counties have...more

California Environmental Law & Policy Update - August 2021 #3

In a first, U.S. declares shortage on Colorado River, forcing water cuts - The New York Times – August 16 - With climate change and long-term drought continuing to take a toll on the Colorado River, the federal Bureau of...more

California Environmental Law & Policy Update - August 2021

As drought worsens, regulators impose unprecedented water restrictions on California farms - Los Angeles Times – August 3 - Amid intensifying drought, the State Water Resources Control Board (SWRCB) voted on Tuesday...more

California Environmental Law & Policy Update - July 2021 #5

California drafts safe limits for PFOA and PFOS in drinking water - Chemical & Engineering News – July 23 - A July 22 draft report from the California Environmental Protection Agency would set a science-based safe...more

California Environmental Law & Policy Update - July 2021 #3

EPA considers placing limits on ‘forever chemicals’ in drinking water - The Guardian – July 14 - The U.S. Environmental Protection Agency (EPA) announced this week that it is proposing to include the entire class of...more

California Environmental Law & Policy Update - June 2021 #2

Biden moves to restore safeguards under Clean Water Act - Associated Press – June 9 - The Biden administration began legal action this Wednesday to set aside a regulation known as the “Waters of the United States” (WOTUS)...more

California Environmental Law & Policy Update - June 2021

BAAQMD delays vote on new pollution controls for refineries - East Bay Times – June 4 - After hearing five and a half hours of public commentary on Wednesday night, the Bay Area Air Quality Management District...more

SCOTUS: Landowners’ State Law Claims for Additional Cleanup Costs Can Proceed in State Court, But Additional Cleanup Must Be...

On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more

State Water Board Unveils Aggressive Plan to Issue Investigative Orders for PFAS

..Within the month, the State Board will issue orders requiring investigation of potential PFAS contamination, a widely used class of chemicals, at more than a thousand California facilities. ..Phase I targets airports and...more

Army Corps Jurisdictional Determinations Subject to Pre-Permit Judicial Review, Eighth Circuit Says

EPA and Army Corps of Engineers imposition of federal Clean Water Act requirements can now be challenged in court without waiting for the agencies to bring an enforcement action, at least in the Eighth Circuit. On April 10,...more

New Permit Requires Disclosure of Hydraulic Fracturing Fluids For Offshore Oil and Gas Operations in Southern California

On January 9, 2014, the U.S. Environmental Protection Agency (EPA), Region 9, announced that it will require oil and gas operators engaged in hydraulic fracturing off the southern California coast to disclose any chemicals...more

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