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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day...more

2023 PFAS Regulatory Roundup and Looking Ahead

On Thursday, 14 December 2023, the US Environmental Protection Agency (EPA) released its Second Annual Progress Report under the 2021 PFAS Strategic Roadmap outlining notable regulatory actions taken on per- and...more

EPA Finalizes Section 401 Water Quality Certification Improvement Rule

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory...more

EPA's Reinterpretation of the RCRA Industrial Ethyl Alcohol Exemption

In November 2022, the US Environmental Protection Agency (EPA) published a memo regarding the management of discarded hand sanitizer under the Resource Conservation and Recovery Act (RCRA), which was discussed in a prior...more

EPA Releases Proposed PFAS Drinking Water Standards and Expands List of Regulated Substances

On Tuesday, 14 March 2023, the U.S. Environmental Protection Agency (EPA) announced its new proposed National Primary Drinking Water Regulations (NPDWR)  for perfluoroalkyl and polyfluoroalkyl substances (PFAS). If adopted,...more

U.S. EPA Releases Cumulative Impacts Addendum to Guidance on Legal Tools to Advance Environmental Justice

On 11 January 2023, EPA‘s Office of the General Counsel released the Cumulative Impacts Addendum (the Addendum). This 52-page document provides the first-ever collection of examples of environmental and other legal...more

EPA Designates PFAS Chemicals As Hazardous Substances in Newly Proposed CERCLA Regulations

On Friday, 26 August 2022, the U.S. Environmental Protection Agency (EPA) moved forward with a proposed rulemaking regarding how certain PFAS chemicals will be regulated in the future. EPA announced plans to regulate certain...more

EPA and States Get Busy on PFAS Waste Regulation

The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

EPA Plans to Set National Drinking Water Standards and Regulate PFAS as a CERCLA Hazardous Substance

On Thursday, February 14, acting EPA Administrator Andrew Wheeler unveiled the agency’s long-anticipated PFAS Action Plan (Plan). PFAS (per- and polyfluoroalkyl substances) are used in firefighting foams and many consumer...more

Navigating Environmental Policy in a Divided Government

The Big Picture - The Environmental Protection Agency (“EPA”) will get lots of tough love from Congress this year, especially from House Democrats, but don’t expect Congress to pass groundbreaking environmental legislation...more

Congress Looking at the Safe Drinking Water Act and Superfund to Regulate PFAS

Despite its long history of use, PFAS (per- and polyfluoroalkyl substances) are increasingly being detected in drinking water in some parts of the country. ...more

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