On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management,...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)
On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more
On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more
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
On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more
On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more
7/2/2024
/ Administrative Procedure Act ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The increasing threat of cyberattacks against U.S. water supplies has raised significant concerns among federal officials, who emphatically stress the need for utilities to bolster their cybersecurity measures. A recent...more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more
On April 30, 2024, the U.S. Environmental Protection Agency (EPA) issued the final methylene chloride rule under the Toxic Substances Control Act (TSCA), establishing prohibitions and workplace protections for methylene...more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels,...more
On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more
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
The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more
The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...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
In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act...more
In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative...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
Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more
6/29/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Contamination ,
Controlled Substances Act ,
Hazardous Substances ,
PFAS ,
Popular ,
Product Recalls ,
Soil ,
Toxic Chemicals ,
Wastewater