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EPA Aims to Boost Biofuels Production in Proposed RFS Set 2 Rule

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published its proposed “Set 2” rule under the Renewable Fuel Standard (“RFS”) program (the “Set 2 Rule”). The Set 2 Rule proposes renewable volume obligations...more

Texas Progresses Toward CCS Primacy

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Outlook on the New Administration: What’s Next for Renewable Fuels?

If past is prologue, while the second Trump administration is expected to take a number of actions that could lead to increased volatility with respect to renewable identification number (“RIN”) prices just as the first did,...more

Outlook on the New Administration: What’s Next for CCS Permitting?

Despite the Biden administration’s public support for carbon capture and sequestration (“CCS”), we saw neither faster CCS permit approvals from the U.S. Environmental Protection Agency (“EPA”) nor a significant push towards...more

D.C. Circuit Forces EPA to Confront Reality of Economic Impacts of RFS on Small Refiners

On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more

CCS Permitting Roundup: EPA Grants Louisiana Permitting Primacy But Challenges Remain

On December 28, 2023, the U.S. Environmental Protection Agency (“EPA”) granted Louisiana primary enforcement authority (“primacy”) under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”)...more

Texas Crawls Towards Primacy for CCS Permits

Carbon capture and sequestration (“CCS”) projects represent a critical pillar in many companies’ strategies to navigate the low-carbon transition. However, the U.S. Environmental Protection Agency’s (“EPA”) delays in issuing...more

Proposed Sustainable Procurement Revisions to the Federal Acquisition Regulation

As part of its Federal Sustainability Plan, the Biden administration has issued a proposed rule that would revise the Federal Acquisition Regulation (“FAR”) to incentivize federal government buyers to prioritize the...more

EPA Finalizes RFS Set Rule and Biogas Regulatory Reforms, But Drops eRins (For Now)

The U.S. Environmental Protection Agency (“EPA” or “the Agency”) this week released its final Renewable Fuel Standard (“RFS”) “Set Rule”.1 As explained in our prior article, the Set Rule represents a new period for the RFS,...more

Environmental Justice Updates: Executive Order 12898 and New Jersey’s Implementation of its Environmental Justice Law

Environmental Justice (“EJ”) continues to be a strong focus of both the federal and state governments with two major developments occurring in the past two weeks. On April 21, 2023, President Biden signed Executive Order...more

EPA Proposes to (Finally) Approve Louisiana to Issue CCS Permits

At long last, the U.S. Environmental Protection Agency (“EPA”) is poised to grant Louisiana authority to issue Class VI permits under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”)...more

Seven More PFAS for Superfund? EPA’s Potential Designation of New Hazardous Substances Under CERCLA

The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and...more

By the Numbers: EPA’s Proposal to Regulate 6 PFAS Chemicals From Drinking Water

The Environmental Protection Agency (“EPA”) has proposed regulating six per- and polyfluoroalkyl (“PFAS”) in drinking water under the Safe Drinking Water Act (“SDWA”). In a proposed rule published on March 29, 2023, EPA...more

The Inflation Reduction Act’s Green “Bank” Begins to Take Shape

Recent announcements by the EPA provide some insight into its administration of the Inflation Reduction Act’s Greenhouse Gas Reduction Fund. On February 14, 2023, the Environmental Protection Agency (“EPA”) announced an...more

Environmental Justice 2022 Year-End Review

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more

Renewable Fuel Standard: The Next Generation

Long awaited, the U.S. Environmental Protection Agency (“EPA”) last week released the proposed Renewable Fuel Standard (“RFS”) “set” rule. The set rule represents a new era for EPA in setting biofuel targets, as the targets...more

Elevating EJ: How EPA’s New Environmental Justice Office Raises the Stakes for EJ Enforcement and IRA Funding Opportunities

The Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental...more

EPA Proposes to Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA: Quick Answers to Top Questions

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more

DOJ’s Environmental Justice Enforcement Strategy and Restoration of Settlement Projects: 5 Things You Should Know

The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more

PFAS in EPA’s Strategic Plan Fiscal Years 2022-2026

On March 28, 2022, the Environmental Protection Agency (“EPA”) published its Final Strategic Plan (“Strategic Plan”) setting forth the agency’s priorities over the next four years based on seven strategic goals focused on the...more

Update for Property Purchasers: PFAS, Phase Is, and CERCLA Protections

In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more

EPA’s Final Human Health Toxicity Assessment for PFAS GenX Chemicals

On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more

PFAS: Looking Back on a Year of Activity and Preparing for 2022

In 2021, there was sustained and fast-paced executive action from the Biden administration focused on emphasizing and addressing the environmental and human health effects of per- and poly-fluoroalkyl substances, more...more

Research, Restrict, and Remediate PFAS: What to Expect Next from EPA

The Environmental Protection Agency (“EPA”) launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “Roadmap”) on October 18, 2021. EPA presents the Roadmap as a comprehensive approach outlining the...more

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