The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more
3/18/2024
/ Brownfield Properties ,
Commercial General Liability Policies ,
Compliance ,
Contaminated Properties ,
Due Diligence ,
Environmental Liability ,
Guidance Update ,
Hazardous Substances ,
Notice Requirements ,
Petroleum ,
Remediation ,
Site Remediation ,
Soil ,
State Health Departments ,
Superfund ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waste Disposal
The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more
2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more
1/18/2024
/ Air Quality Standards ,
Bodily Injury ,
CERCLA ,
Certifications ,
Compliance ,
Contamination ,
Discovery ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
Multidistrict Litigation ,
NDAA ,
PFAS ,
Popular ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure...more
The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more
10/20/2023
/ Compliance ,
Effective Date ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Manufacturers ,
NDAA ,
PFAS ,
Reporting Requirements ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more
10/12/2023
/ Climate Change ,
Comment Period ,
Department of Environmental Conservation ,
Energy Projects ,
Green Energy ,
Greenhouse Gas Emissions ,
Hazardous Waste ,
Land-Use Permits ,
Liquid Natural Gas ,
Oil & Gas ,
Permits ,
Proposed Rules ,
Water Supplies
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more
9/27/2023
/ Consumer Product Companies ,
Contamination ,
Drinking Water ,
Hazardous Substances ,
Infrastructure ,
Manufacturers ,
PFAS ,
Product Packaging ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure ,
Transportation Industry ,
Utilities Sector
The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more
8/3/2023
/ Clean Air Act ,
Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
FIFRA ,
New Source Performance Standards (NSPS) ,
NPRM ,
PFAS ,
Proposed Regulation ,
RCRA ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Safe Drinking Water Act ,
State Implementation Plans (SIPs) ,
Toxic Substances Control Act (TSCA)
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
6/29/2023
/ Advertising ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Proposed Amendments ,
Public Comment ,
Recycling ,
Rulemaking Process
In this episode of our Public Policy & Regulation Group's "Eyes on Washington" podcast series, attorneys Meaghan Colligan and Andy Kriha and Public Affairs Advisor Hannah Coulter introduce Holland & Knight's Greenwashing...more
The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice...more
The U.S. Environmental Protection Agency (EPA) Office of Resource Conservation and Recovery (ORCR) released the draft National Strategy to Prevent Plastic Pollution (EPA 530-R-23-006) (Draft Strategy) on April 21, 2023. The...more
5/9/2023
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Marketing ,
Plastics ,
Policy Drafting ,
Pollution Control ,
Popular ,
Public Comment ,
Recycling
It has taken a year to obtain greater certainty of what is required to satisfy the U.S. Environmental Protection Agency's (EPA) all appropriate inquiries (AAI) rule (40 CFR part 312). Earlier this year, EPA issued a direct...more
At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more
The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more
The U.S. Environmental Protection Agency (EPA) on June 29, 2020, issued a memorandum titled COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program: Addendum on Termination (Termination Addendum), which...more
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) issued Interim Guidance on Site Field Work Decisions...more
Jurisdictions across the United States are responding to the coronavirus (COVID-19) pandemic at the federal, state and local levels by issuing emergency stay-at-home and shelter-in-place orders (Orders) that generally...more
The U.S. Environmental Protection Agency (EPA) on March 26, 2020, issued a memo called the COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program. EPA's temporary policy is that it will exercise...more
• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more
8/8/2019
/ Brownfield Properties ,
CERCLA ,
Enforcement Guidance ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Interim Guidance ,
Joint and Several Liability ,
Land Use Restrictions ,
New Guidance ,
Property Owners ,
Strict Liability
The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more
5/21/2019
/ Appropriations Bill ,
Brownfield Grants ,
Brownfield Properties ,
Contaminated Properties ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Fiscal Year ,
Infrastructure ,
PFAS ,
Proposed Legislation ,
RCRA ,
Site Remediation ,
Toxic Substances Control Act (TSCA)
By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more
4/23/2019
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Regulatory Requirements ,
Site Remediation ,
Soil ,
Statistical Sampling ,
Surface Water ,
Toxic Chemicals ,
Wastewater