News & Analysis as of

Biden Administration Environmental Protection Agency (EPA)

Vorys, Sater, Seymour and Pease LLP

TSCA Section 6(a) Risk Evaluation Rules Update: Reconsideration of the PCE Rule

The US EPA reopened its TSCA Section 6(a) rule for Perchloroethylene (PCE) on July 30, 2025. The agency is seeking public comment as part of its reconsideration of the rule until August 29, 2025. In addition to the potential...more

Bergeson & Campbell, P.C.

EPA Submits Draft Proposed Risk Evaluation Framework Rule to OMB for Review

On August 4, 2025, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a proposed rule entitled “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the...more

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

Williams Mullen on

EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

Goldberg Segalla

Does EtO’s Recent Regulatory Battle Victory Mean It Will Win the War?

Goldberg Segalla on

Following years of heightened concern about the dangers of exposure to ethylene oxide (EtO), increased regulatory oversight, and a steady hum of litigation, in 2025 it seems like things might be changing for the beleaguered...more

Foley Hoag LLP - Environmental Law

EPA Extends Deadlines for Compliance with Coal Ash Rules

On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final...more

Allen Matkins

California Environmental Law & Policy Update 7.11.25

Allen Matkins on

The Trump administration will uphold a Biden-era ban on the ongoing use of asbestos after previously saying it would reconsider the rule. The rule requires companies to phase out their use of chrysotile asbestos, which is the...more

Nossaman LLP

What’s Up With WOTUS?

Nossaman LLP on

The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more

Bergeson & Campbell, P.C.

EPA Appoints Former ASA Government Affairs Director as OCSPP DAA for Pesticides

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler...more

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

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

Holland & Knight LLP on

The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

MG+M The Law Firm

EPA Moves to Repeal Biden–Harris-Era Power Plant Emissions Rules

MG+M The Law Firm on

On June 11, 2025, the US Environmental Protection Agency, under Administrator Lee Zeldin, proposed repealing two key Biden–Harris-era rules targeting greenhouse gas and air toxic emissions from fossil fuel–fired power plants....more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

ArentFox Schiff

Maryland Court Rules EPA’s Termination of Environmental Justice Grants Violates APA

ArentFox Schiff on

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Vinson & Elkins LLP

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

Vinson & Elkins LLP on

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more

Morgan Lewis

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

Morgan Lewis on

The US Environmental Protection Agency recently issued a proposed rule and accompanying press release announcing its intent to repeal both the 2015 greenhouse gas emissions standards for new fossil fuel-fired power plants...more

Latham & Watkins LLP

EPA Proposes Repeal of Power Plant GHG Emissions Standards

Latham & Watkins LLP on

If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more

Beveridge & Diamond PC

Environmental Justice Enters a New Era

Beveridge & Diamond PC on

Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated...more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

Beveridge & Diamond PC

EPA’s Path Forward on TSCA Becomes Clearer

After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus...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

Holland & Knight LLP

TSCA Roundup: Existing Chemical Regulation Under the Second Trump Administration's EPA

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) under the second Trump Administration has begun to shift the Biden Administration's policies related to the review of existing chemicals under Section 6 of the Toxic Substances...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

DLA Piper

EPA Signals Intention to Modify Biden Administration’s National Primary Drinking Water Regulation for PFAS

DLA Piper on

In response to public feedback on compliance challenges, the US Environmental Protection Agency (EPA) recently announced its intention to modify the National Primary Drinking Water Regulation (NPDWR) for six per- and...more

Fox Rothschild LLP

Observations Regarding EPA’s Recently Announced PFAS Plans

Fox Rothschild LLP on

EPA Administrator Lee Zeldin recently issued a press release that “Announces Major EPA Actions to Combat PFAS Contamination.” As we generally expected, the announcement did not include plans to rescind Biden-era PFAS rules...more

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