Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more
There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more
Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more
PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more
New regulatory developments and other actions regarding per- and polyfluoroalkyl substances (“PFAS”) will continue to be front of mind for the automotive and manufacturing industries in 2023. These activities include the...more
In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more
Seasoned environmental professionals are well-acquainted with the typical hazardous substance release reporting analysis under CERCLA; where a reportable quantity of a hazardous substance is released into the environment...more
This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
Last month, EPA made three PFAS/Clean Water Act-related announcements. First, EPA issued proposed draft Clean Water Act aquatic life criteria for PFOA and PFOS. The proposed draft includes the most up-to-date scientific...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 United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more
United States Environmental Protection Agency (“EPA”) Administrator Michael Regan announced on October 18th what is described as a “Comprehensive National Strategy to Confront PFAS Pollution” (“Strategy”). The Strategy...more
President Biden has made environmental justice a cornerstone of his administration. While all government departments and agencies have a role to play, the U.S. EPA has taken on the environmental justice mantle as reflected in...more
February saw the usual array of significant environmental decisions and federal regulatory notices. THE FEDERAL COURTS - U.S. Court of Appeals for the District of Columbia - Luminant Generation v. EPA - The court will be...more
On November 30, 2020, a workgroup within the United States Environmental Protection Agency (EPA) released information about a memorandum to the U.S. EPA Regional Administrators summarizing an Interim Strategy for Per- and...more
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more
As coronavirus (COVID-19) continues its sweep across our country, clients are increasingly faced with new environmental compliance issues and realities....more
TSCA/FIFRA/TRI - EDF Reports That EPA Has “Muzzled” SACC: The Environmental Defense Fund (EDF) published a September 16, 2019, blog item entitled “EPA’s latest move to deflect criticism of its TSCA risk evaluations: Muzzle...more
EPA recently issued an interpretive statement (“Interpretive Statement”) setting forth its position on the Clean Water Act’s (“Act”) regulation of discharges to groundwater, offering much-needed clarity on an issue subject to...more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more
TSCA/FIFRA/TRI - EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82...more
“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed...more
The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more