In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more
7/18/2025
/ Air Pollution ,
Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Compliance ,
Denial of Certiorari ,
Enforcement ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Violations ,
NPDES ,
Penalties ,
Permits ,
Risk Management ,
SCOTUS ,
Standing
On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more
3/10/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Pollution
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
2/20/2025
/ Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Corporate Counsel ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Regulatory Reform ,
Trump Administration
The regulatory landscape likely to characterize President Donald Trump’s second term will create important implications for conducting U.S. Environmental Protection Agency (EPA) compliance audits within the manufacturing...more
2/13/2025
/ Clean Air Act ,
Clean Water Act ,
Compliance ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
NPDES ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more
2/7/2025
/ Clean Water Act ,
Contamination ,
Environmental Litigation ,
Liability ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
Public Health ,
Risk Management ,
Settlement ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
Per- and polyfluoroalkyl substances (PFAS), often dubbed “forever chemicals,” are increasingly scrutinized for their environmental persistence and possible health risks. Businesses that manufacture, use, or dispose of PFAS...more
7/5/2024
/ Audits ,
CERCLA ,
Clean Water Act ,
Compliance ,
PFAS ,
Risk Assessment ,
Risk Management ,
Safety Data Sheets ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Training
The Chevron doctrine is one of the most important principles of administrative law in the United States. It states that when a federal statute is ambiguous, courts should defer to the reasonable interpretation of the agency...more
The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more
7/13/2023
/ Clean Water Act ,
Clean-Up Costs ,
Contamination ,
Environmental Protection Agency (EPA) ,
NPDES ,
PFAS ,
Risk Management ,
Section 301 ,
Toxic Chemicals ,
Waste Treatment Facilities ,
Wastewater
On May 25, 2023, the United States Supreme Court significantly curtailed the federal government’s authority to regulate wetlands under the Clean Water Act (CWA) in a 9 to 0 decision. The Court held that the Clean Water Act...more
6/2/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more
The food and beverage industry faces a growing concern regarding per- and polyfluoroalkyl substances (PFAS), a group of synthetic chemicals that studies have shown may demonstrate adverse effects to health and the...more
4/13/2023
/ CERCLA ,
Clean Water Act ,
Contamination ,
Dairy Farmers ,
Food Safety ,
Food Supply ,
PFAS ,
Popular ,
Risk Management ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On November 30, 2020, a workgroup within the United States Environmental Protection Agency (EPA) released information about a memorandum to the U.S. EPA Regional Administrators summarizing an Interim Strategy for Per- and...more
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
8/6/2020
/ Administrative Consent Order (ACO) ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Claims ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Federal v State Law Application ,
Federalism ,
Justice Manual ,
Policy Memorandums ,
Regulatory Requirements ,
Regulatory Violations ,
Settlement Agreements