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EPA Announces Plans for Waste Rules That Could be a Stepping Stone to Drastically Expanding PFAS Liabilities

EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource...more

EPA Reduces Renewable Fuel Standard Targets But Takes a Hard Line on Small Refinery Waivers

On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) proposed the long-awaited and much anticipated renewable fuel targets for 2020, 2021, and 2022 under the federal Clean Air Act’s (“CAA”) Renewable Fuel...more

EPA Takes Action on PFAS in Waste Water

In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

EPA Unveils Its Power Plants And Neighboring Communities Mapping Tool Further Addressing Environmental Justice Concerns

The Environmental Protection Agency (“EPA”) recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice (“EJ”). The mapping tool displays: the location of...more

Speculative Report Opens PFAS Front Against Fracking

On July 12, 2021, Physicians for Social Responsibility (“PSR”) issued a highly speculative report that raised concerns about a chemical approved by the EPA in 2011 for use in hydraulic fracturing fluid that “might” degrade...more

Are PFAS Air Emission Regulations On The Horizon?

While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more

PFAS And The Transition To The Biden Administration: The Implications Of Designating PFOA And PFOS As “Hazardous Substances” Under...

In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more

PFAS: The “Forever Chemicals” In Consumer Products And Why Businesses Should Take Care In Their Marketing

PFAS (per- and poly-fluoroalkyl substances) have garnered significant national attention in the last few years. PFAS have made recent headlines in multi-million dollar settlements, Biden campaign promises, proposed EPA rules,...more

PFAS and the Transition To The Biden Administration: A Round-Up Of Recent PFAS Activity

Within the first month of the Biden administration, we have seen a high level of attention on per- and polyfluoroalkyl substances (“PFAS”). Increased focus on these “forever chemicals” is setting the stage for a challenging...more

“Immediately Effective” Midnight Rules — Beyond The Hour For Change Or Vulnerable To Court Challenges?

Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more

The PFAS Problem And The Transition To The Biden Administration: Looking Back And Setting The Stage For 2021

PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more

Biden Administration Environmental Justice Focus: Enforcement Impact

The Biden administration identified environmental justice (“EJ”) as a campaign priority1 and the Biden-Harris team has continually emphasized its commitment to environmental justice, stating that the administration would...more

The PFAS Problem And The Transition To The Biden Administration

PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more

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