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2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

EPA Finalizes New Greenhouse Gas Reporting Obligations for Petroleum and Natural Gas Systems: More Companies Impacted; More Fees...

On May 14, 2024, the U.S. Environmental Protection Agency (EPA) published the final Greenhouse Gas Reporting Rule requirements for petroleum and natural gas systems under 40 C.F.R. Part 98, Subpart W in the Federal Register....more

U.S. EPA Finalizes Designation of Two PFAS Chemicals as Hazardous Substances Under CERCLA

On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more

The Rubber Meets the Road on State and Federal Vehicle Emissions Strategies

March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more

Promoting Human Rights and Environmental Sustainability: Integrating Ethics into the Supply Chain

Companies of all sizes are increasingly scrutinized on adherence with Environmental, Social, and Governance (“ESG”) metrics. In particular, manufacturers and customers at both ends of the supply chain are evaluated on metrics...more

EPA Seeks Comment on Its Sweeping Proposal to Ban Manufacture and Commercial and Industrial Use of Trichloroethylene (TCE)

On October 31, 2023, the EPA published a proposed rule in the Federal Register pursuant to its authority under the Toxic Substances Control Act (TSCA) that would effectively ban trichloroethylene (TCE) for all commercial and...more

As Electrification Initiatives Grow EPA Releases Guidance on Lithium-Ion Battery End-of-Life Considerations

Earlier this summer, citing the rapid increase in electric vehicles powered by lithium-ion batteries, the U.S. Environmental Protection Agency (EPA) issued a non-binding Memorandum on Lithium Battery Recycling Regulatory...more

Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

EPA Moves to Tighten Passenger and Heavy-Duty Vehicle Emissions Standards; Seeks to Drive Majority of New U.S. Car Sales to EVs by...

On April 12, 2023, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan proposed aggressive new mobile source regulations limiting tailpipe emissions in two separate proposed rules: one targeting light- and...more

Does Your Product Use HFCs? Are You Ready for a Phase-Out?

In December, the U.S Environmental Protection Agency (EPA) announced a proposed rule under the American Innovation and Manufacturing (AIM) Act to address the impact of hydrofluorocarbons (HFCs), which are potent greenhouse...more

Breathe Easy: U.S. EPA Seeks to Significantly Tighten Fine Particulate Matter Standards

On January 6, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to lower the primary National Ambient Air Quality Standard (NAAQS) for fine/inhalable particulate matter (PM2.5). These proposed...more

U.S. EPA Finalizes Step One of its “Clean Trucks Plan,” Tightening Emission Standards for Heavy-Duty Highway Engines and Vehicles...

On December 20, 2022, the U.S. Environmental Protection Agency (“EPA”) finalized new emission standards for heavy-duty highway vehicles and engines, including heavy-duty trucks and other vocational vehicles such as fire...more

U.S. EPA Continues Its Aggressive Emissions Standards Stance with Proposed Standards for Heavy-Duty Highway Engines and Vehicles

Following its final rule for light-duty vehicles issued at the end of 2021, this past spring, the U.S. Environmental Protection Agency (“U.S. EPA”) proposed new emission standards for heavy-duty highway vehicles and engines. ...more

The Infrastructure Investment and Jobs Act Reinstates the Superfund Tax, Starting July 1, 2022

The Infrastructure Investment and Jobs Act, signed at the end of 2021, reinstates the Superfund chemical excise taxes under Sections 4661 and 4671 of the Internal Revenue Code. These taxes were in place until 1995 to fund the...more

It’s Complicated: The Evolving Regulation of “Forever Chemicals” in Wisconsin

For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more

Army Corps Changes Course: CWA Jurisdictional Determinations May Require a New Look

In a move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more

Off to the Races: EPA’s Aggressive New Fuel Efficiency Standards Will Fundamentally Reshape How Cars are Made and Powered

On December 20, the U.S. Environmental Protection Agency (“EPA”) finalized its new national greenhouse gas (GHG) emissions standards for new passenger cars and light trucks. These new rules are the most ambitious in history,...more

The Biden Administration Proposes New Rule to Dramatically Cut Methane Emissions in the Oil and Gas Sector

Last week, as world leaders met at the United Nations Climate Change Conference (COP26) in Glasgow, Scotland, the U.S. Environmental Protection Agency (“EPA”), issued a proposed rule under the Clean Air Act (“CAA”) designed...more

Climate Two-Step: D.C. Circuit Vacates Affordable Clean Energy Rule Just as U.S. Rejoins Paris Accord

On the eve of the new Biden Administration, the U.S. Court of Appeals for the D.C. Circuit vacated a key greenhouse gas rule created by the Trump Administration. The Biden Administration also swiftly rejoined the Paris...more

EPA Issues Revised Anti-Tampering Enforcement Policy and Requests Comments on Catalytic Converter Enforcement Policy

Several years into EPA’s mobile source enforcement initiative, the agency recently issued an updated enforcement policy addressing vehicle and engine tampering and aftermarket defeat devices (the “Tampering Policy”). The...more

California’s Drive for Zero-Emission Vehicles Continues

On September 23rd, Governor Gavin Newsom issued a precedent-setting executive order cementing California’s continued effort to take the lead on clean vehicle policy. Executive Order N-79-20 establishes as a goal that, where...more

California Leads State Drive for Zero-Emission Fleet Transport

This summer, California announced a plan that could significantly reshape all levels of the transportation industry from manufacturing and logistics to electric vehicle charging infrastructure. On June 25, 2020, the...more

President Trump Curbs Controversial WOTUS Rule

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

The Toxic Substances Control Act Overhaul: What You Need to Know

On June 22, 2016, President Obama signed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” into law, making comprehensive changes to the Toxic Substances Control Act (TSCA). This step comes after years of...more

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