News & Analysis as of

State and Local Government Proposed Rules Environmental Policies

Bergeson & Campbell, P.C.

Comments on Maine’s Proposed CUU Amendment Due September 2, 2025

The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The...more

Beveridge & Diamond PC

Deadline Extended for Reporting PFAS in Products in Minnesota, Proposed Minnesota PFAS Reporting Rule under Administrative Review

Beveridge & Diamond PC on

Under Minnesota’s PFAS in products law, manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) must report those products to the Minnesota Pollution Control Agency (MPCA) by...more

Beveridge & Diamond PC

Coalition of US States and Cities Lays Groundwork for Legal Challenge of the Department of Energy’s Appliance Efficiency Rollback

Beveridge & Diamond PC on

A multistate coalition of twelve state Attorneys General—California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington—joined by the District of...more

Jenner & Block

Legal Considerations Concerning the End-of-Life Management of Solar, Wind, and Battery Technologies in the US

Jenner & Block on

Solar, wind, and battery technologies have, and will continue to be, front and center of the renewable energy and clean technology transition. Entities in the renewable energy and clean technology space should be closely...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Jones Day

California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

Jones Day on

On May 29, 2025, a virtual public workshop held by the California Air Resources Board ("CARB") offered direction on how it interprets certain elements of California's climate disclosure laws. While CARB has a July 1, 2025,...more

Troutman Pepper Locke

PFAS Regulatory Landscape Update — The Message? Stay Tuned.

Troutman Pepper Locke on

The Environmental Protection Agency (EPA) has announced several actions in recent weeks that shed light on the Trump administration’s approach to PFAS regulation....more

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

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Sheppard Mullin Richter & Hampton LLP

Federal Proposal to Rescind ESA’s ‘Harm’ Definition Raises the Stakes for California’s AB 1319

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) proposed last week to rescind the regulatory definition of “harm” under the federal Endangered Species Act (ESA),...more

BCLP

PFAS Air Emissions Restrictions

BCLP on

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory...more

Bergeson & Campbell, P.C.

Maine Board Approves Motion to Adopt Rule on PFAS in Products; CUU Proposals for Products Prohibited as of January 1, 2026, Are...

As reported in our April 1, 2025, blog item, the Maine Board of Environmental Protection (MBEP) was scheduled to consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding...more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Bergeson & Campbell, P.C.

Maine Board of Environmental Protection Will Consider Proposed PFAS Rule at Its April 7, 2025, Meeting

The Maine Board of Environmental Protection (MBEP) will consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding products containing per- and polyfluoroalkyl substances (PFAS)...more

Burr & Forman

ADEM Proposes Revisions to its Recycling Rules – 15 Years in the Making

Burr & Forman on

After 15 years without significant revisions, the Alabama Department of Environmental Management (ADEM) is proposing an overhaul of its recycling rules.  The proposed regulations, which ADEM released for public notice and...more

Fox Rothschild LLP

Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations

Fox Rothschild LLP on

Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing...more

ArentFox Schiff

California Delays Extended Producer Responsibility Regulations for Plastic and Packaging: Three Takeaways

ArentFox Schiff on

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer...more

Offit Kurman

NYDEC Announces New Environmental Justice Requirements under SEQRA and UPA

Offit Kurman on

Continuing its growing initiatives to protect environmental justice communities, the New York Department of Environmental Conservation (“NYDEC”) recently announced the release of proposed amendments to its State Environmental...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s New Site Remediation Rule Proposal Contains Controversial New Reporting Requirements

The New Jersey Department of Environmental Protection (NJDEP) recently issued a rule proposal seeking to amend numerous regulations related to the Site Remediation Reform Act of 2009 (SRRA). Included among these proposed...more

Fox Rothschild LLP

Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

Fox Rothschild LLP on

Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of...more

DLA Piper

Maine DEP Proposes Currently Unavoidable Use Procedures for PFAS in Products Law

DLA Piper on

Maine’s Department of Environmental Protection (DEP) recently published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per- and polyfluoroalkyl...more

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

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Foley Hoag LLP - Environmental Law

The Other Shoe Drops - EPA Formally Announces Its Reconsideration of the Withdrawal of the California Preemption Waiver

I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program....more

Holland & Knight LLP

Massachusetts Offers Opportunities for Stakeholder Engagement to Address Transportation Emissions

Holland & Knight LLP on

Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. ...more

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

Water Supply Rule: U.S. Army Corps of Engineers Announces Withdrawal

The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more

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