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The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):...more

Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter

On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

New Phase I Standard ASTM E1527-21 Authorized for All Appropriate Inquiries Starting February 13, 2023

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) issued a final rule authorizing ASTM E1527-21 as compliant with the all appropriate inquiries (“AAI”) provisions of the Comprehensive...more

EPA Seeking Public Comment on Significant Revisions to the RMP Program

On August 31, 2022, the United States Environmental Protection Agency’s (EPA) proposed revisions to the Risk Management Program (RMP) regulations were published in the Federal Register, kicking off a 60-day public comment...more

EPA Issues its Long-Awaited Proposal to Designate Certain PFAS as CERCLA Hazardous Substances

On August 26, the United States Environmental Protection Agency (EPA) proposed to designate two of the most commonly used per- and polyfluoroalkyl substances (PFAS) - perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic...more

Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants

On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more

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