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PFAS[t] and Furious: Racing To Comply with the New Reporting Rule

Back in 2023, the U.S. Environmental Protection Agency (EPA) issued a sweeping information-gathering rule under the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) to report on per- and...more

Siting Energy and Transmission Line Projects in Arizona - An irreverent Primer: 2024 Edition

With the renewable energy boom underway everywhere, Arizona offers an attractive market for renewable energy facilities, with lots of sunshine and even a bit of wind up north. And, despite what you may have heard about our,...more

Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

EPA’s Landmark PFAS Drinking Water Standards

The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes...more

FDA: Grease-Proofing Substances Containing PFAS No Longer Being Sold

On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more

EPA’s Latest PFAS Push Targets Nine Substances Under RCRA

U.S. Environmental Protection Agency (EPA) Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and the agency’s corrective action authority under the Resource...more

EPA Finalizes PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) published a final reporting rule under the Toxic Substances Control Act (TSCA) on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances (PFAS) and...more

Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and Retailers

Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been in use since the 1940s and have been added to a wide variety of products to make them resistant to heat, water, oil, and corrosion. PFAS...more

EPA Proposes Stringent National Drinking Water Standards for Six PFAS

For the first time and after much anticipation, the U.S. Environmental Protection Agency (EPA) proposed National Primary Drinking Water Regulations for key “forever chemicals.” The proposed rule would establish near-zero...more

33rd Annual Land Use & Development Law Briefing - 2023

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

PFAS and Food Packaging: The State of Regulation

Introduction  In the absence of comprehensive federal legislation, states have started to regulate per- and polyfluoroalkyl substances (PFAS) in food packaging. This Update provides an overview of the current regulatory...more

Siting Energy and Transmission Line Projects in Arizona - An Irreverent Primer - 2020 Edition

With the coal era winding down and renewable energy sources rapidly growing, Arizona offers an attractive market for renewable energy facilities, with plenty of sunshine and even a bit of wind up north. And, despite what you...more

Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable Waters

Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more

New Regulations Narrow Reach of Clean Water Act

The U.S. Environmental Protection Agency and the Army Corps of Engineers have jointly issued new regulations to redefine what types of water bodies are covered by the Clean Water Act. Dubbed the “Navigable Waters Protection...more

New Regulations Redefine the Scope of the Clean Water Act

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

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