The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more
1/24/2020
/ Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Groundwater ,
Hazardous Waste ,
Legislative Agendas ,
Legislative Vetoes ,
NDAA ,
Pending Legislation ,
PFAS ,
Presidential Veto ,
Proposed Legislation ,
Public Health ,
Regulatory Authority ,
Toxic Chemicals ,
Utilities Sector ,
Water
The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife...more
A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more
Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump...more
3/20/2019
/ Automotive Industry ,
Carbon Emissions ,
Customs and Border Protection ,
Distributors ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Imports ,
Inspections ,
Manufacturers ,
Motor Vehicles ,
Ports ,
Retailers ,
U.S. Customs
If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Municipalities ,
Pollution Control ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Safe Drinking Water Act ,
Statistical Sampling ,
Toxic Chemicals ,
Utilities Sector ,
Water Supplies
The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication...more
The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered...more
There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S....more
On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory...more
Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more
11/21/2017
/ Appeals ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Jurisdiction ,
Navigable Waters ,
Oral Argument ,
Preliminary Injunctions ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more
1/19/2017
/ Automotive Industry ,
CARB ,
Carbon Emissions ,
China ,
Clean Air Act ,
Clean Air Act Violations ,
Criminal Prosecution ,
Document Destruction ,
Enforcement Actions ,
Environmental Crimes ,
Environmental Protection Agency (EPA) ,
FBI ,
Foreign Manufacturers ,
Germany ,
Imports ,
National Emissions Standards ,
Obstruction of Justice ,
Retailers ,
Volkswagen ,
White Collar Crimes ,
Wire Fraud
In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more
11/18/2016
/ Amended Regulation ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Proposition 65 ,
RCRA ,
Regulatory Burden ,
Retailers ,
Safe Harbors ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels ,
Waste Disposal
The Frank R. Lautenberg Chemical Safety for the 21st Century Act was passed in the House by an overwhelming vote of 403 – 12. After passing the Senate, it was signed into law by President Obama on June 22, 2016. The...more
On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more