News & Analysis as of

Biden Administration Appeals Environmental Protection Agency (EPA)

Farella Braun + Martel LLP

EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more

Bergeson & Campbell, P.C.

Biden EPA Filed Notice of Appeal of Ruling that Typical Levels of Drinking Water Fluoridation Present an Unreasonable Risk to...

As reported in our September 30, 2024, blog item, the U.S. District Court for the Northern District of California ruled in September 2024 that the plaintiffs established by a preponderance of the evidence that the levels of...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - December 8 - December 14, 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Foley Hoag LLP - Environmental Law

Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon

Today, the 5th Circuit Court of Appeals dismissed for lack of standing claims by a number of states challenging the Biden Administration’s Interim Estimates of the Social Cost of Carbon.  The Court had telegraphed this...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Mintz

The Supreme Court surprised many observers with this Clean Water Act decision but it may not mean what some observers think it...

Mintz on

Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more

Mintz

Just when you thought the Waters of the United States saga couldn't get any stranger

Mintz on

Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Foley & Lardner LLP

Climate Two-Step: D.C. Circuit Vacates Affordable Clean Energy Rule Just as U.S. Rejoins Paris Accord

Foley & Lardner LLP on

On the eve of the new Biden Administration, the U.S. Court of Appeals for the D.C. Circuit vacated a key greenhouse gas rule created by the Trump Administration. The Biden Administration also swiftly rejoined the Paris...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

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