Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The law of administrative agencies creates a unique incentive system. In many cases, the legislature grants broad authority over a given field to an administrative agency, empowering the agency to both create and enforce rules governing that field. There is some judicial oversight that controls how agencies make and enforce their rules. However, courts recognize …
Our readers are well aware of the ongoing debate on whether perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) (commonly known, together, as PFAS) should be designated as hazardous substances. Despite the constant attention these compounds receive, they are yet to be designated. There is a recent case out of the U.S. District Court for the Eastern District of Pennsylvania that …
The Council on Environmental Quality (CEQ) proposed a new rule on January 10, 2020 to alter the procedural provisions of the National Environmental Policy Act (NEPA). NEPA requires federal agencies to review the potential environmental effects of all federal, federally-assisted, and federally-licensed actions, and analyze potential alternative solutions before making a final decision on such actions. In essence, agencies are required to comply …
When the National Defense Authorization Act for 2020 (NDAA) was signed into law on Dec. 20, 2019, it is not surprising that the creation of the Military’s Space Force garnered the most attention. However, for environmental regulatory observers, the new law surprisingly included several environmental regulations meant to address per- and polyfluoroalkyl substances (PFAS), including …
So far in 2020, the North Carolina Department of Environmental Quality (NC DEQ) proposed a maximum concentration level in groundwater for two PFAS compounds, while the Illinois Environmental Protection Agency released proposed draft amendments to its groundwater standards, including standards for a wide range of PFAS compounds. North Carolina’s and Illinois’ actions join prior efforts …
The U.S. Environmental Protection Agency (EPA) has issued Interim Recommendations for addressing groundwater contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs. These recommendations represent the first federal guidance for mitigating per- and polyfluoroalkyl substances (PFAS) in groundwater. After reviewing public comments solicited in April 2019, EPA made these interim recommendations based …
The Environmental Protection Agency (EPA) is introducing significant changes to reduce environmental regulations on several critical issues, despite sharp criticism from several scientific advisers. The proposed changes reduce the standards governing waterways and wetlands, in addition to those governing gasoline mileage emissions for vehicles within the United States. Other changes are under consideration, including the …
On December 20, 2019 a coalition of 14 states, including both New York and New Jersey along with the District of Columbia and New York City, filed a lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environment Protection Agency (EPA) and Army Corps of Engineers, challenging the new rule that redefines the term “waters of …
Despite the December 2014 existing regulatory ban on hydraulic fracturing from New York Gov. Andrew Cuomo, the new legislation – Senate Bill 6906 – is focused on providing New York with a permanent legal protection from hydraulic fracturing activities, including gelled propane fracking, a new process being advocated by the oil and gas industries. New …
Last week, eight states and the District of Columbia announced a joint commitment to develop an agreement and action plan to support accelerated development of medium and heavy-duty zero emissions trucks and buses. In a joint statement of intent entitled “Multi-State Medium-and Heavy- Duty Zero Emission Vehicle Initiative,” California, Connecticut, the District of Columbia, Maine, Massachusetts, New Jersey, Oregon, Rhode Island, and Vermont declared their intent …