[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more
On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more
On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or “the Agency”) from setting qualitative limits based on the condition of the “receiving waters” that...more
Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in...more
The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...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
The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water....more
Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more
On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more
On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule requiring reporting of per- and polyfluoroalkyl substances (PFAS). According to EPA’s press release, the rule is intended to “provide...more
Minnesota has begun enacting substantive rules and standards for per- and polyfluoroalkyl substances (PFAS). In May, Minnesota enacted a PFAS statute that defines PFAS, creates a reporting requirement, and bans sale or...more
In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more
Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS). In contrast to non-enforceable health advisory levels...more
The Florida Department of Environmental Protection (FDEP) is in the process of significantly updating the state stormwater rules and Environmental Resource Permitting process for the design and operation of stormwater...more
Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more
On June 27, 2022, two new laws went into effect to place limits and regulate the levels of certain Per-and Polyfluoroalkyl Substances (“PFAS”) chemicals in drinking water, ground water, surface waters, and landfills...more
On the 60th anniversary of the publication of Rachel Carlson’s groundbreaking book “Silent Spring”, the world continues to struggle to manage the human health and environmental risks associated with newly discovered emerging...more
On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more
EPA faces continuing pressure to improve the way it protects communities from lead in drinking water. One focus of the current EPA has been the Lead and Copper Drinking Water Rule Revisions (“LCRR”), promulgated under the...more