Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights
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
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
On April 28, 2025, after much anticipation, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin outlined the agency’s plans to address Per- and Polyfluoroalkyl Substances (PFAS). Although the announcement...more
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
On November 14, 2024, the Biden-Harris Administration announced the release of EPA’s third annual progress report on EPA’s PFAS Strategic Roadmap, and the report indicates a growing focus on PFAS-related enforcement and...more
EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more
In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more
On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring. The Biden Administration’s EPA continues its push to...more
During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more
As regulatory bodies increase their scrutiny of per- and polyfluroalkyl substances (PFAS), food companies should work closely with their suppliers and prepare for the compliance transition....more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more
On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a...more
A key component of a company’s risk management function is to keep a close eye on new and developing sources of liability and to put in place appropriate insurance to respond in the event those liabilities ripen. In recent...more
What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s...more
The first 100 days of the Biden Administration saw a flurry of activities at the federal level seeking to address PFAS, a class of thousands of manmade chemicals notoriously known as Forever Chemicals because they don’t break...more
In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
We don’t need to wait for the confirmation of Michael Regan as the new Administrator of the U.S. Environmental Protection Agency (EPA) to get the first look at how the Biden administration intends to regulate certain per- and...more
The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous...more
PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more
While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more