Your Guide to Emerging Issues in Environmental Regulation and Litigation.
As our blog has reported a number of times, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action … Continued
To close out 2023, the US Environmental Protection Agency issued its annual Automotive Trends Report, which provides the public with information about vehicle greenhouse gas (GHG) emissions, fuel economy, technology data and innovation, and auto manufacturers’ performance in meeting the EPA’s GHG emissions standards. EPA has been collecting this information since 1975. According to EPA, … Continued
The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement – as part of its State Implementation Plan – regulations that will reduce emissions, which prevent downward states from … Continued
In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce cross-state pollution. The court will focus on whether the Plan unreasonably limits emissions and whether the EPA properly disapproved of alternative state … Continued
In recent years, the global concentration of methane present in the atmosphere has increased dramatically. In fact, in 2021, methane increased by almost 18 parts per billion in the atmosphere, the largest single year increase since the National Oceanic and Atmospheric Administration’s records began in 1984. Last year was no exception, as atmospheric methane increased … Continued
The Environmental Protection Agency has announced proposed rules that would strengthen its regulation of lead and copper. These new regulations, if approved, would require water systems across the country to replace lead service lines within the next 10 years. They would also lower the allowable amount of lead in drinking water from 15 parts per … Continued
The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses. TCE is used in a variety of applications, including cleaning and furniture-care products, paints and coatings, solvents, laundry and dishwashing products, degreasers, lubricants, … Continued
The Environmental Protection Agency on Oct. 19 released new reports regarding the impact of methane emissions from food waste. As previously discussed in this space[i], many states have passed regulations to address methane emissions. These regulations include — among other things — waste collection programs so food waste does not end up in landfills. Over … Continued
Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act. On August 12, 2022, the CERCLA PFAS designation effort advanced significantly when the Office of Management … Continued
Following the U.S. Environmental Protection Agency’s 2016 finding that ethylene oxide (EtO), a highly effective chemical routinely used to sterilize medical devices and equipment, was significantly more hazardous than previously understood, individuals and shareholders began filing lawsuits against various EtO-using entities throughout the United States with no end in sight. At the end of last … Continued