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Keeping Track of the Trump Executive Actions

President Trump hit the ground running, issuing more executive orders, memoranda, and other actions on Inauguration Day than any previous president. Agencies are already working to implement those actions. Many of the actions...more

Recent Executive Action May Impact PFAS Regulation

The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),...more

PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the...more

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA

As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more

EPA Advances PFAS Strategic Roadmap With Proposed Drinking Water Standards

On March 13, the Environmental Protection Agency (EPA) took the long-anticipated step of proposing maximum contaminant level goals (MCLGs), as well as individual maximum contaminant levels (MCLs), for six PFAS compounds under...more

EPA Announces New “Strategic Roadmap” for PFAS

Yesterday, the U.S. Environmental Protection Agency (EPA) announced a new “Strategic Roadmap (Roadmap),” describing a suite of ongoing and future agency actions to address per- and polyfluoroalkyl substances (PFAS). While...more

EPA Issues Interim Strategy for PFAS in NPDES Permitting

On the evening of November 30, United States Environmental Protection Agency (EPA) announced a new interim strategy to address per- and polyfluoroalkyl substances (PFAS) in the environment through EPA-issued wastewater...more

State Law Claims and CERCLA Remedial Actions: Making the Best of a Bad Decision

The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more

State Opposition to EPA's COVID-19 Enforcement Discretion Policy Increases as AGs File Suit

On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here....more

DOJ Offers Reprieve from Stipulated Penalty Payments Through at Least May 31 in Response to COVID-19

The U.S. Department of Justice (DOJ) is quietly taking steps to provide financial relief during the COVID-19 pandemic. In an April 14 model letter, DOJ offered to temporarily suspend its collection of stipulated penalty...more

State and Environmental Group Opposition to EPA's COVID-19 Enforcement Discretion Policy Intensifies

In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed coronavirus (COVID-19) enforcement discretion policy (Policy), governmental and environmental group opposition to the Policy...more

EPA Issues Guidance For On-Site Cleanup Activity Suspension, Reduction Or Continuation In Response To COVID-19

On April 10, the U.S. Environmental Protection Agency’s (EPA’s) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) jointly released a memorandum to all EPA Regional...more

Additional Regulation of PFAS Is on the Horizon Following EPA's PFAS

As we have been advising, attention to per- and polyfluoroalkyl substances (PFAS) continues to take center stage with regulators on both the state and federal levels....more

Pharmaceutical Waste Rule to Impose New Reporting Requirements on Health Care Facilities

A new rule proposed by the EPA to take effect in July 2018 would redefine pharmaceutical waste under the Resource Conservation and Recovery Act (RCRA), fundamentally altering how the pharmaceutical supply chain currently...more

When May a Previously Approved Site Closure Not Provide Closure - Reopening Vapor Intrusion Sites

We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more

What Does the Health Care Industry Do Now When Disposing "Hazardous Waste" Pharmaceuticals?

Potentially affected health care facilities should evaluate current management practices, evaluate best management practices for regulated facilities, and develop a plan to prepare for and manage a regulatory inspection....more

EPA's NPDES Electronic Reporting Rule: A Step Toward A Next Generation Compliance Strategy

The final rule strives to take advantage of information technology, allowing resources to be used more efficiently and effectively, and giving the EPA, states and the public better access to key data. Implementation will...more

Six Things the Private Sector Should Know About EPA's Final Vapor Intrusion Guidance

The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more

Every Picture Tells a Story... Convincing Regulators and Courts of Your Client’s Position

When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and...more

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