In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more
3/6/2025
/ Clean Water Act ,
Discharge of Pollutants ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
NPDES ,
Pollution Control ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
Water Quality ,
Waters of the United States
On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for...more
The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA issued pre-publication...more
Minnesota has begun enacting substantive rules and standards for per- and polyfluoroalkyl substances (PFAS). In May, Minnesota enacted a PFAS statute that defines PFAS, creates a reporting requirement, and bans sale or...more
9/19/2023
/ Discharge of Pollutants ,
Environmental Policies ,
Hazardous Substances ,
PFAS ,
Pollution Control ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Exposure
The Supreme Court clarified the scope of the Waters of the United States (WOTUS) rule in a long-awaited decision regarding which wetlands are subject to Section 404 of the Clean Water Act (CWA). Declining to exercise...more
5/31/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for...more
In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more
On Tuesday, the U.S. Environmental Protection Agency (EPA) proposed the first-ever federally enforceable regulatory limits on per- and poly-flouroalkyl substances, or PFAS, in drinking water. The agency plans to finalize the...more
This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more
12/14/2022
/ CERCLA ,
Clean Water Act ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
NPDES ,
PFAS ,
Public Health ,
Toxic Chemicals
Following the goals outlined in the PFAS Blueprint (published in 2021), the Minnesota Pollution Control Agency (MPCA) published a plan to gather data on the presence of per- and polyfluoroalkyl substances (PFAS) in Minnesota....more
10/5/2022
/ Discharge of Pollutants ,
Environmental Policies ,
Hazardous Substances ,
Industrial Discharges ,
Industrial Sector ,
Infrastructure ,
NAICS ,
PFAS ,
Pollution Control ,
Public Health ,
Strategic Enforcement Plan ,
Toxic Exposure ,
Waste Management
On August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of its long-awaited proposed rule to add the two most well-known and well-studied PFAS compounds—perflourooctanoic acid (PFOA)...more
The Environmental Protection Agency (EPA) has taken another step impacting the regulation of per- and polyfluoroalkyl substances (PFAS) in drinking water. PFAS are a family of man-made, environmentally-persistent chemicals...more
6/22/2022
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
New Guidance ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more
10/21/2021
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Department of Defense (DOD) ,
Discharge of Pollutants ,
Drinking Water ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure
Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more
Minnesota announced a new “PFAS blueprint” on February 10, 2021, calling for increased regulation of the so-called “forever” chemicals through a combination of legislation and agency rulemaking....more
2/16/2021
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Regulatory Standards ,
Retail Market ,
Toxic Chemicals
EPA has taken another step in regulating per- and polyfluoroalkyl substances (PFAS) by proposing regulatory determinations for two PFAS in drinking water. Last Thursday, EPA announced its proposal to promulgate drinking water...more
State and federal agencies continue to step up efforts to identify and regulate sources of per- and polyfluoroalkyl substances (PFAS), a group of man-made, environmentally persistent chemicals used in a wide range of consumer...more
On August 22, 2019, Wisconsin Governor Tony Evers issued an executive order to address concerns related to PFAS (per- and polyfluoroalkyl substances) contamination throughout the state. PFAS are used in everyday products such...more
8/29/2019
/ Contamination ,
Department of Natural Resources ,
Drinking Water ,
Environmental Policies ,
Executive Orders ,
Hazardous Substances ,
Natural Resources ,
PFAS ,
Public Health ,
Regulatory Requirements ,
State and Local Government
On June 27, 2019, the United States Senate passed legislation to regulate per- and polyfluoroalkyl chemicals (PFAS) as a rider to the 2020 defense spending bill (S1790)....more
On July 13, in the first federal appellate court decision to address the constitutionality of a state renewable energy mandate, the Tenth Circuit Court of Appeals squarely rejected an industry-group challenge to Colorado’s...more
On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more