[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 May 21, 2025, the European Commission filed a proposal to postpone the implementation of the due diligence obligations in Regulation 2023/1542, concerning batteries and waste batteries (the “EUBR”). The proposal would push...more
In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more
The U.S. Army Corps of Engineers said Wednesday that it won’t order soil testing at properties damaged by the Eaton and Palisades fires after they have been cleaned by private federal contractors, breaking with a...more
Four years after the nation’s first extended producer responsibility (EPR) laws set out approaches to making producers financially responsible for managing the disposal of plastics and packaging, 2025 will see...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) issued a January 8th news release announcing that it will hold stakeholder meetings across Arkansas: …for better understanding...more
The Brazilian Supreme Court (Supremo Tribunal Federal - STF) has decided by majority vote that landfills being installed or already operating or expanding in Permanent Preservation Areas (Áreas de Preservação Permanente -...more
In the last four years, California has adopted some of the nation’s most innovative air regulations, including a ban on new gasoline-powered car sales by 2035 and a prohibition against diesel-fueled trucks visiting state...more
Brazil has recently seen significant updates to solid waste management regulations at the national level. These include new regulations which address: the qualification criteria of managing entities; the qualification...more
EPA recently published a 2024 update to its Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing PFAS (Interim Guidance), as required by the...more
On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only contender for PRO in Oregon, submitted the first draft of its Program Plan (“the Plan”)...more
On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
The Court of Appeals of Washington, Division 2 (“Court of Appeals”) addressed in a February 13th Opinion a challenge to a King County Code (“KCC”) involving flow control. See SkyCorp Ltd. v. King County, 2024 WL 562169. ...more
On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more
Yet another new horizon looms for PFAS litigation. Numerous PFAS claims, like those involving deceptive trade practices due to PFAS in food packaging, seldom withstand a motion to dismiss, but the emergence of a novel...more
Massachusetts residents and businesses dispose of enough trash yearly to fill up about 31 Fenway Parks. Despite decades of government policies to reduce waste, we continue throwing away about six million tons of waste each...more
As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more
A bill amending the Alabama Solid Wastes and Recyclable Materials Management Act by specifying when local approval of solid waste disposal permit modifications is necessary has passed both houses of the Alabama Legislature...more
Aprueba Congreso de la Unión Reforma Minera, con impactos sustanciales en materia de concesiones mineras, uso de aguas nacionales y manejo de residuos....more
The Mexican Congress approved the Mining Reform, with substantial impacts on mining concessions, use of national waters and waste management....more
Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge, also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and...more
Late last year, California enacted significant new restrictions on products and packaging bearing recyclability claims, including the chasing-arrows symbol commonly used to connote that packaging is recyclable. In order to...more
On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan. SETO’s Plan recognizes the current reality for solar PV panels that have...more
The Louisiana Supreme Court (“Court”) addressed in a January 28th Opinion an issue arising out of the Louisiana Waste Tire Program (“Program”). See Winmill Tire, LLC, et al. v. Colt, Inc., et al., 2022 WL 263004....more
Perhaps not as glamorous as the Times Square crystal ball, but something else drops at the start of the New Year: The threshold for mandated food waste separation and recycling by certain industrial and commercial facilities...more