Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. In keeping to its commitments in the PFAS Strategic Roadmap, the EPA took a significant step by proposing to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS) known to …
In 2021, an unidentified person hacked the computer controlling the water system in Oldsmar, Fla., and increased the concentration of sodium hydroxide 100 times the normal amount, in an attempt to poison people. That same year, an unidentified hacker used a stolen password to delete certain programs from a water treatment program in the San …
Companies operating in Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia – whose operations involve the release of emissions — will need to consult the Environmental Protection Agency’s Revised Cross-State Air Pollution Update Rule to determine whether their operations might be affected by the Federal Implementation Plan. …
A few hours after dinner time on Feb. 3, and approximately 20 miles following a dramatic slow-down from a speed of 50 miles per hour to about half that, a Norfolk Southern freight train consisting of 38 cars – 11 of which were carrying hazardous materials – derailed in East Palestine, Ohio. Although the derailment …
The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’”(WOTUS) rule will become final on March 20. This latest iteration codifies the agencies’ pre-2015 approach to defining WOTUS and attempts to establish a bridge between the interpretations offered by the prior two administrations. In particular, the rule’s preamble …
The EPA announced Monday the availability of $2 billion from the Bipartisan Infrastructure Law to address emerging contaminants such as Per- and Polyfluoroalkyl Substances (PFAS) in drinking water across the country. This investment, allocated to states and territories, will be made available to communities as grants through EPA’s Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) Grant …
With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution. And they’re not entirely wrong; bottom ash is the burn-up matter that is too large to be …
The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022. This Addendum builds on the cumulative impacts discussion in the EJ Legal Tools and provides additional detail and analysis regarding the EPA’s legal authority to address cumulative impacts affecting …
In early January, the U.S. Environmental Protection Agency announced a proposal to revise and strengthen a key national ambient air quality standard (NAAQS) for fine particle pollution, also known as PM2.5. The Clean Air Act requires EPA to set two types of NAAQS: health-based standards, called primary standards, and standards to protect public welfare, called secondary standards. Based on …
On Jan. 18, the Environmental Protection Agency announced it is seeking input regarding the development of Meat and Poultry Products (“MPP”) Effluent Limitations Guidelines Rulemaking Revision. As part of this process the EPA seeks to put together a Small Business Advocacy Review Panel. The EPA is looking to gather comments and suggestions from small entity representatives. Changes …