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President Trump Issues Executive Order Targeting State Climate Programs

President Donald Trump on April 9, 2025, issued an executive order (EO) titled "Protecting American Energy from State Overreach." The EO aims at "unleashing American energy" by removing legal restrictions imposed by state...more

U.S. Senate Committee Unanimously Reports Brownfields Reauthorization Legislation

The Senate Committee on Environment and Public Works (EPW) on Feb. 5, 2025, held a markup on the Brownfields Reauthorization Act of 2025 (S. 347), where the legislation was unanimously reported to the full Senate. To date,...more

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

EPA Imposes More Stringent Lead Paint Dust Requirements

In response to a decision by the U.S. Court of Appeals for the Ninth Circuit finding that the U.S. Environmental Protection Agency's (EPA) updates to its lead paint hazard standards were deficient because they improperly took...more

EPA Proposes Adding More PFAS to the Toxics Release Inventory

The U.S. Environmental Protection Agency (EPA) is proposing to add 16 new, individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list as "chemicals of...more

Are You Tracking Your Packaging Data Yet?

Extended Producer Responsibility (EPR) laws represent a pivotal shift in environmental and sustainability compliance, placing the onus of end-of-life product management on Producers, the parties that produce the products...more

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing...more

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

D.C.'s DOEE Publishes Long-Awaited Proposed Revisions to District Flood Hazard Rules

The D.C. Department of Energy and Environment (DOEE) on July 19, 2024, published a proposed rulemaking (Proposed Rule) to adopt amendments to the District's Flood Hazard Rules (Rules) contained in Chapter 31, Title 20 of the...more

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

SEC Adopts Landmark Climate Disclosure Rules

The U.S. Securities and Exchange Commission (SEC) on March 6, 2024, adopted a new slate of standardized climate-related disclosure rules for public companies and foreign private issuers. Adopted by a 3-2 vote, the final rules...more

Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure...more

Agency Guidelines Confirm That Climate-Related Financial Risk Is Real

The U.S. Department of the Treasury's Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corp. (FDIC) (collectively, the Agencies) on...more

Greenhouse Gas Guessing Game: California's Latest Climate Disclosure Legislation

The California Legislature has sent two landmark bills to Gov. Gavin Newsom for approval that will have global repercussions. Bundled with Senate Bill (SB) 252 as part of the Climate Accountability Package, SB 253 and SB 261...more

EPA Publishes Semiannual Agenda Previewing PFAS-Related Agency Actions

The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more

Mitigating Greenwashing Risks: FTC Solicits Input on Current Green Guides

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

DOEE Issues Proposed Rule for Discharges of Groundwater into the MS4

The District of Columbia Department of Energy and Environment (DOEE) published a Notice of Proposed Rulemaking (Proposed Rule) to adopt a new Chapter 16 – Discharge of Groundwater to the Municipal Separate Stormwater Sewer...more

Are You Ready? Building Energy Performance Standards Deadlines Loom in D.C.

In accordance with its directives under the Title III of the Clean Energy Omnibus Amendment Act of 2018 (CEDC Act), the District of Columbia's Department of Energy and Environment (DOEE) established its Building Energy...more

Voluntary and Mandatory Climate Disclosures: Key Considerations for Companies

Companies should be thoughtful and strategic about how they structure their voluntary and mandatory climate disclosures. There are many climate disclosure standards – as well as environmental, social and governance (ESG)...more

EPA Recognizes ASTM E1527-21 as Satisfying All Appropriate Inquiries Rule

It has taken a year to obtain greater certainty of what is required to satisfy the U.S. Environmental Protection Agency's (EPA) all appropriate inquiries (AAI) rule (40 CFR part 312). Earlier this year, EPA issued a direct...more

FTC Seeks Input on Potential Updates to Its Green Guides

At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more

Supreme Court Limits Power of EPA, Regulatory Agencies for Greenhouse Gas Emissions

The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more

Maryland's Montgomery County Adopts New Building Energy Performance Standards

Montgomery County, Maryland, signed Bill 16-21 into law on May 2, 2022, as an amendment to the County's Building Energy Use Benchmarking Law (Benchmarking Law), Article 6 of Chapter 18A of the Montgomery County Code. Bill...more

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