Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On December 29, 2021, the U.S. District Court for the Western District of Washington held that, under the Clean Water Act, the EPA does not serve as a “mere bystander” in cases where states refuse to or cannot take action to implement water quality standards that protect aquatic life. See Northwest Envtl. Advocates v. United …
As 2021 came to a close and many Americans were setting their own standards and goals for 2022, the Environmental Protection Agency announced finalized revisions to national greenhouse gas emissions standards for passenger cars and light trucks. Overall, the new industry-wide average target will come out to roughly 40 miles per gallon by 2026. A …
On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as …
The Environmental Protection Agency (EPA) is moving to include natural gas processing (NGP) facilities, also referred to as “natural gas liquid extraction facilities”, to the expanding list of industry groups obligated to report releases of specific chemicals pursuant to the reporting requirements of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 …
In late November, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States” protected by the Clean Water Act (CWA). The proposal aims to put back into place the pre-2015 definition, with some amendments to ensure …
On November 12, 2021, just as President Joe Biden prepared to travel to a major climate conference in Scotland with the intention of establishing America as a world leader in curbing greenhouse-gas emissions, the U.S. Supreme Court agreed to hear a challenge to a lower appellate court’s recent restoration of some of the Environmental Protection …
Methane, the powerful greenhouse gas responsible for a disproportionate percentage of man-made global warming, has for years been targeted with increasing oversight and regulation as a result of growing concerns about climate change. As a result, the Environmental Protection Agency (EPA), under the Biden administration, is seeking to expand its stance on the issue with …
After releasing a flurry of press releases and developments on PFAS regulation, on October 18, 2021, the U.S. Environmental Protection Agency’s administrator announced an ambitious national strategy to address PFAS over the next three years. Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation: …
On October 25, 2021, the U.S. Environmental Protection Agency released its final human health toxicity assessment for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (referred to as “GenX chemicals”). HFPO dimer acid and its ammonium salt are the major chemicals associated with the processing aid technology developed by DuPont with the trade name …
Coming shortly after the September 23, 2021, enactment of the U.S. Environmental Protection Agency’s rule calling for an 85% reduction in hydrofluorocarbons (HFCs) over the next 15 years, the agency maintained its momentum on October 8, 2021, granting 10 petitions submitted under the American Innovation and Manufacturing (AIM) Act to further reduce HFCs. The AIM …