The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more
5/6/2024
/ Biden Administration ,
Bureau of Land Management ,
Conservation ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Final Rules ,
Infrastructure ,
Operating Leases ,
Public Land ,
Regulatory Reform ,
Renewable Energy ,
Right of Way ,
Solar Energy ,
Wind Power
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
4/30/2024
/ Air Pollution ,
Biden Administration ,
Climate Action Plan ,
Climate Change ,
Coal Industry ,
Electric Generation Suppliers ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
NESHAP ,
Oil & Gas ,
Pollution Control ,
Regulatory Reform ,
Wastewater
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
On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more
3/29/2024
/ Clean Water Act ,
Climate Change ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Natural Resources ,
Risk Management ,
Severe Weather ,
Water ,
Water Supplies
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more
3/6/2024
/ Clean Air Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
General Duty Clause ,
Hazardous Substances ,
Manufacturing Facilities ,
Refineries ,
Risk Management ,
Toxic Chemicals ,
Toxic Exposure ,
Workplace Safety
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
Compliance with the PM2.5 Standard: EPA proposed lowering the PM 2.5 standard earlier this year. State agency representatives confirmed that areas in each Region 7 state could struggle to comply with the reduced standard,...more
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
This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more
1/20/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Inflation Reduction Act (IRA) ,
NEPA ,
PFAS ,
Public Health ,
Renewable Energy ,
Tax Credits
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more
1/13/2023
/ Biden Administration ,
CEQ ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Guidance ,
Oil & Gas ,
Renewable Energy
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
7/7/2022
/ Air Pollution ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
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
The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more
Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. -
The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more
On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more
12/13/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more
9/30/2021
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Natural Resources ,
Navigable Waters ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more
9/13/2021
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturing Facilities ,
Meat Processing Plants ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Wastewater ,
Water Pollution
The Biden administration hit the ground running on its initiative to "confront the climate crisis." On January 20, 2021, President Biden signed Executive Order 13,990 (EO), which directed all federal agencies to "immediately...more
2/8/2021
/ Biden Administration ,
Climate Change ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Natural Resources ,
Policy Statement ,
Supplemental Environmental Project (SEP) Policy ,
Urban Planning & Development
With a new year approaching, so does the imminence of a new presidential administration. The Biden team and transition team have laid out environmental policies since early in the campaign....more
Since the COVID-19 pandemic, federal, state and local agencies have adapted their procedures to both working remotely and allowing certain flexibilities for companies if specific efforts are made. ...more
On March 12, 2020, the U.S. Department of Justice's Environment and Natural Resources Division (ENRD) published a memorandum that ceases the future use of Supplemental Environmental Projects (SEP) in settlement agreements to...more
Earlier this month the Trump Administration issued two executive orders limiting federal agencies’ use of informal guidance documents to regulate conduct. "Informal guidance documents" are generally understood to include...more
10/22/2019
/ Enforcement Authority ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Government Agencies ,
Policy Memorandums ,
Regulatory Agencies ,
Regulatory Reform ,
Regulatory Standards ,
Transparency ,
Trump Administration
In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more