The Environmental Protection Agency (EPA) just issued a direct final rule amending reporting deadlines for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
As described in our...more
On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association...more
The U.S. Environmental Protection Agency (EPA) continues to add specific per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) program under Section 313 of the Emergency Planning and Community...more
On April 16, 2024, Maine Governor Janet Mills signed into law significant amendments to the PFAS in Products Law. Initially passed in 2021, the PFAS in Products Law required manufacturers of products with intentionally added...more
4/24/2024
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Department of Environmental Protection ,
Department of Homeland Security (DHS) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Aviation Administration (FAA) ,
Food and Drug Administration (FDA) ,
Medical Devices ,
NASA ,
PFAS ,
Public Health ,
USDA
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more
4/22/2024
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Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Chemicals
On April 10, 2024, the Environmental Protection Agency (EPA) issued the first ever National Primary Drinking Water Regulations (NPDWRs), which are legally enforceable national standards, setting limits for five individual...more
As forecast in our December 2022 client alert, the Environmental Protection Agency (EPA) has issued a pre-publication version of its final rule that eliminates the use of the de minimis exemption for reporting of per- and...more
10/26/2023
/ CERCLA ,
De Minimus Quantity Exemption ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Proposed Rules ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
The Environmental Protection Agency (EPA) today published in the Federal Register its final rule establishing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more
Perhaps settling a debate that has been raging for at least 20 years, the U.S. Supreme Court issued a decision today in Sackett v. EPA that is intended to settle, once and for all, the scope of federal power over wetlands. ...more
As expected, and as described in our March 15 client alert, EPA today published in the Federal Register its first-ever National Primary Drinking Water Regulation (NPDWR) for six PFAS substances in drinking water....more
EPA has announced its first ever National Primary Drinking Water Regulation (NPDWR) proposal for six PFAS substances in drinking water. Importantly, EPA is proposing legally enforceable national standards, called Maximum...more
On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more
1/10/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Reform ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Yesterday the U.S. Environmental Protection Agency (EPA) proposed to reclassify per- and polyfluoroalkyl substances (PFAS) as chemicals of special concern under the Toxics Release Inventory (TRI). PFAS are widely used...more
As discussed in our September 1, 2022 alert, EPA has proposed designating two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). On...more
On Friday August 26, 2022, the EPA issued a pre-publication version of a proposed rule designating two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response Compensation and...more
On June 15, 2022, the U.S. Environmental Protection Agency (EPA) issued four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). It issued interim updated drinking water health advisories PFOA...more
7/19/2022
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Distributors ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA)....more
The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...more
In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more
EPA encourages storage of PFAS and PFAS-containing materials rather than disposal
On December 18, 2020, the United States Environmental Protection Agency (EPA) released interim guidance on destruction and disposal of...more
The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more
Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more
1/30/2020
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Department of Environmental Protection ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Agency Taskforce ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Private Property ,
State and Local Government ,
Superfund ,
Toxic Chemicals
At the end of 2019, President Trump signed into law the “PFAS Act of 2019” (contained in the National Defense Authorization Act), triggering reporting of a significant number of per- and polyfluoroalkyl substances (PFAS) for...more
1/24/2020
/ Data Collection ,
Data Management ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Manufacturing Facilities ,
New Legislation ,
PFAS ,
Regulatory Requirements ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more
8/13/2019
/ Certifications ,
Clean Water Act ,
Comment Period ,
Deregulation ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Native American Issues ,
Oil & Gas ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Standards ,
Tribal Governments ,
Trump Administration