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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

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

EPA Releases New Framework Addressing New PFAS and New Uses of PFAS in the Market

On Thursday, 29 June 2023, the US Environmental Protection Agency (EPA) announced a new framework (Framework) that will impact manufacturers across the country. The Framework lays out a new process for reviewing and assessing...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

Debt Ceiling Legislation Serves as a Vehicle for Substantive Changes to NEPA

The compromise reached in the Fiscal Responsibility Act increases the U.S. debt ceiling in exchange for discretionary spending limits and reform to several existing legislative schemes, including National Environmental Policy...more

6/6/2023  /  CEQ , Federal Funding , NEPA , Public Policy

EPA's Draft Plastics Strategy: A Road Map of What Comes Next

The U.S. Environmental Protection Agency (EPA or the Agency) recently released a “Draft National Strategy to Prevent Plastic Pollution.” Depending on its ultimate composition, the final strategy could materially affect the...more

Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...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

Electrifying the Renewable Fuel Standards: EPA Proposes a Major Expansion of the Renewable Fuel Standard Program

On 1 December 2022, U.S. Environmental Protection Agency (EPA) proposed a major new regulatory component of the Renewable Fuel Standard program (RFS) to recognize electricity produced from biomass and used to fuel electric...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

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

EPA Proposes New Rules Governing Section 401 Water Quality Certification

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

On 17 March 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of twelve sites to the Superfund National Priorities List (NPL). The EPA has determined that releases of contamination at these sites...more

NEPA: The Old Becomes New

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...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

Carbon Quarterly – Volume 5

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA and Corps Release Updated Definition of Waters of the United States

On 18 November 2021, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the "Corps") (together, the Agencies) released the pre-publication version of the proposed rule redefining the scope of...more

EPA Gets Serious About Environmental Justice

Since taking office in January 2021, President Biden has made clear that his administration plans to prioritize environmental justice (or EJ for short). The U.S. Environmental Protection Agency (EPA)—which will be tasked with...more

Back to the Drawing Board on WOTUS: Federal Court Vacates Trump Administration's Navigable Waters Protection Rule

On 30 August 2021, Judge Rosemary Márquez, a federal district judge in the District of Arizona, ordered the remand and vacatur of the Trump administration’s Navigable Waters Protection Rule (NWPR) defining “waters of the...more

Carbon Quarterly – Volume 4

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

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