A flurry of recent federal legislative and regulatory action has put per- and polyfluoroalkyl substances (“PFAS”) on center stage in 2019. PFAS chemicals were once widely used in manufacturing processes, but recent research...more
Per- and polyfluorinated substances (“PFAS”) are not all alike. Two – perfluorooctanoic acid (“PFOA”) and perfluoroctane sulfonate (“PFOS”) – are relatively well known and studied. And then there are the rest: by various...more
On February 14, 2019, the Environmental Protection Agency (“EPA”) released its long-awaited Per- and Polyfluoroalkyl Substances (“PFAS”) Action Plan (“Action Plan”). Once widely used in manufacturing processes because of...more
While most regulatory attention to date has focused on perfluorinated chemical substances (“PFAS”) in drinking water, pressure is growing for the U.S. Environmental Protection Agency (“EPA”) to designate at least some PFAS...more
In a divisive political climate, one issue many Republicans and Democrats seem to agree upon is the need to take action on per- and poly-fluorinated chemical compounds (“PFAs”). These chemicals include, but are not limited...more
On May 25, 2018, EPA extended its comment deadline to August 16 on a regulatory reform proposed rule on Strengthening Transparency in Regulatory Science (“Science Transparency Rule”). The two aspects of the proposal that...more
Inevitably, a change in Administrations leads to changes in policies and priorities of regulatory agencies. Most media coverage has focused on opposition to the Trump Administration's efforts to revise existing or proposed...more
In one of its first actions upon taking office, the Trump Administration issued a Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing on January 24, 2017. That...more
The U.S. Army Corps of Engineers and the Environmental Protection Agency will hold nine teleconferences to solicit public comments and recommendations on revising the definition of "Waters of the United States" under the...more
The U.S. Army Corps of Engineers and Environmental Protection Agency recently announced a process for replacing the Obama administration's 2015 promulgation of a revised regulatory definition of "waters of the United States."...more
In a June 22, 2017 Federal Register notice, the Department of Interior (DOI) became the most recent federal department or agency to initiate a comment cycle to solicit public input on regulations that should be repealed,...more
The latest development in the consideration of H.R. 1430, the Honest and Open New EPA Science Treatment Act of 2017" ("HONEST Act"), introduced by Rep. Smith, Lamar [R-TX] and strongly supported by the new Administration,...more
EPA continues to create mechanisms for stakeholders to use in submitting rule candidates for repeal, replacement, or modification, in implementation of the Trump Administration's regulatory reform Executive Orders (see...more
The Trump Administration issued its most recent major Executive Order ("EO") on regulatory reform on February 24, EO 13777 on Enforcing the Regulatory Agenda. That directive added structural and enforcement mechanisms to a...more
President Donald Trump issued, on February 28, 2017, an Executive Order ("EO") aimed at rescinding and revising the Obama Administration-issued final rule entitled "Clean Water Rule: Definition of 'Waters of the United...more
The Trump Administration's January 30 Executive Order on Reducing Regulation and Controlling Regulatory Costs established broad principles that federal agencies are now expected to follow: (1) for every new regulation an...more
The passage of the Lautenberg Chemical Safety Act ("2016 TSCA Amendments") was a rare bipartisan success story. However, the August 9-10th Environmental Protection Agency ("EPA") stakeholder public comment meetings on the...more
Changes to the Toxic Substance Control Act (“TSCA”), resulting from the recently passed Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LCSA”), are quickly taking form. The Environmental Working Group (“EWG”),...more
After extensive deliberation, Congress has crafted a carefully worded overhaul of the Toxic Substances Control Act (TSCA), the primary federal statute that regulates the chemicals ultimately used to manufacture most products....more