Is the Once in, Always in Policy Finally Dead?
EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more
8/4/2025
/ Air Pollution ,
Chevron Deference ,
Clean Air Act ,
Congressional Review Act ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Loper Bright Enterprises v Raimondo ,
Rulemaking Process ,
Statutory Interpretation ,
Toxic Substances Control Act (TSCA)
The D.C. Circuit Court of Appeals vacated a portion of the Confidential Business Information rule (CBI) in the Toxic Substances Control Act (TSCA) regulations as the panel of judges found it unlawfully allows for the unwanted...more
EPA late last year finalized rules banning use of trichloroethylene (TCE) in the United States and certain consumer uses of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). Both chlorinated chemical...more
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards -
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
9/26/2024
/ Administrative Procedure Act ,
Affirmative Defenses ,
Chevron v NRDC ,
Clean Air Act ,
Compliance ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
FIFRA ,
Herbicides ,
Mitigation ,
NAICS ,
National Emissions Standards ,
NESHAP ,
New Source Performance Standards (NSPS) ,
NRDC ,
Regulatory Standards ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
US Fish and Wildlife Service
In a final rule published on May 17, 2024, and to become effective June 17, 2024, EPA has added seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the...more