Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The U.S. Environmental Protection Agency on Nov. 10 released a proposal aimed at improving the scope of its perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting requirements under the Toxic Substances Control Act (TSCA). The initial regulation was finalized toward the end of 2023. However, both the Biden and Trump administrations pushed back the initial compliance deadlines … Continued
Last week, the Environmental Protection Agency issued its “Policy on Provisions to Allow Wildland Prescribed Fire in Clean Air Act State Implementation Plans” in accordance with Section 4 (Strengthening Wildfire Mitigation) of Executive Order 14308, ‘Empowering Commonsense Wildfire and Response.’ This policy guidance comes in the wake of the EPA completing its largest-ever wildfire hazardous … Continued
The Environmental Protection Agency faces a second lawsuit over the cancellation of solar energy grants promised under the now-terminated Biden-era “Solar for All” program with an Oct. 13 suit filed by Harris County, Texas. Both lawsuits filed against the agency accuse the EPA of illegally revoking money promised under the Solar for All program without … Continued
In advance of the government shutdown, the EPA released its contingency plan on September 29, outlining its procedures during the funding lapse. Key provisions include: Exempted activities are “(1) those that are funded with unexpired appropriations where carryover funds remain unobligated, and (2) activities that are funded with appropriations that are not subject to the … Continued
The Environmental Protection Agency announced last week a new initiative in which the agency will prioritize the review of new chemicals under the Toxic Substance Control Act (TSCA) intended for use in data center projects pursuant to Executive Order 14318, ‘Accelerating Federal Permitting of Data Center Infrastructure.’ Under TSCA, manufacturers and processors are required to … Continued
The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities. Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for … Continued
The U.S. Environmental Protection Agency this week announced new guidance on New Source Review (NSR) preconstruction permitting requirements “to provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing.” The action, according to the agency, “provides flexibility to begin certain building activities that are not related to air emissions, such … Continued
The Environmental Protection Agency announced July 18 it would continue workforce reductions through the elimination of its Office of Research and Development, which provides the independent scientific research that underpins nearly all the agency’s policies and regulations. For decades, the science office has analyzed a multitude of risks, including the impacts of hazardous chemicals, hydraulic … Continued
The EPA on July 2 issued a finalized interim rule, published six days later in the Federal Register, which delays implementation of certain National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for coke oven manufacturing facilities. According to the EPA, hazardous air pollutants (HAP) emitted from these coke oven manufacturing facilities can include benzene, … Continued
The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards. The administration believes these regulations have “imposed massive costs on coal-, oil-, and gas-fired power plants, raising the cost of living for American families, imperiling the reliability of … Continued