The U.S. Environmental Protection Agency’s (EPA) final methane rule limits methane emissions from the oil and gas sector and may be the latest battleground over whether the agency is exceeding its authority to regulate...more
The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more
The United States Environmental Protection Agency (EPA) has announced a proposition to add nine per- and poly-fluoroalkyl substances (PFAS) to the list of hazardous wastes under the Resource Conservation and Recovery Act...more
In recent weeks, the U.S. Environmental Protection Agency (EPA) released the draft 2023 Environmental Justice Guidance Document (Guidance), a revision of the EPA’s “Technical Guidance for Assessing Environmental Justice in...more
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
The U.S. Environmental Protection Agency (EPA) has recently finalized the addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxic Release Inventory (TRI) reporting program. This change came ahead of the...more
On June 13, 2023, the Environmental Protection Agency (EPA) released its Spring 2023 Unified Agenda, which pushes back the estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)...more
On May 31, 2023, the EPA provided notice of a proposed consent decree in the case, California Communities Against Toxics (CCAT), et al. v. Regan, No. 1:22-cv-03724 (DDC), which revolves around the issue of ethylene oxide...more
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
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are dominating the environmental health news cycles based on numerous studies which demonstrate their potential risks. The U.S. Environmental Protection Agency (EPA) is...more
4/11/2023
/ Audits ,
Commercial Insurance Policies ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
Liability ,
Manufacturers ,
PFAS ,
Risk Management ,
Strategic Planning ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On March 3, 2023, the U.S. Environmental Protection Agency (EPA) issued a memorandum to help improve the cybersecurity posture guarding the nation’s water filtration systems. The guidelines, developed with input from industry...more
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed the first national drinking water standard for so-called “forever chemicals” including PFAS. The unprecedented move by EPA is likely to create an...more
On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more
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
Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more
EPA issues enforcement discretion policy during COVID-19 crisis -
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued guidance on how it will exercise its enforcement discretion in light of the COVID-19...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
3/4/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Common Law Claims ,
Conflicts of Laws ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Federal v State Law Application ,
Groundwater ,
Hazardous Substances ,
Hazardous Waste ,
Land Owners ,
MT Supreme Court ,
Potentially Responsible Party (PRP) ,
Preemption ,
SCOTUS ,
Site Remediation ,
Soil ,
State Law Claims