April saw two major developments with the regulation of per- and polyfluoroalkyl substances, the so-called “forever chemicals” known as “PFAS.” On April 10, U.S. EPA issued drinking water standards for the PFAS chemicals...more
There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more
On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more
This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more
8/4/2023
/ Biden Administration ,
Cooperative Federalism ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
NPDES ,
PFAS ,
Self-Disclosure Requirements ,
Self-Reporting ,
Willful Misconduct
On May 25, the Court issued a ruling adopting late Justice Scalia’s “continuous surface connection” test for determining jurisdictional waters under the Clean Water Act.
The Court’s ruling in Sackett is a decisive shift...more
5/30/2023
/ 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
On April 12, a federal judge in North Dakota blocked implementation of the Biden Administration’s “Waters of the United States” Rule in 24 states.
As we mentioned in last month’s client update, the Biden Administration’s...more
On January 18, U.S. EPA and the Army Corps of Engineers issued a final WOTUS rule that will overlap with a forthcoming U.S. Supreme Court ruling that will define jurisdictional waters under the Clean Water Act....more
On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments.
Real estate developers, lenders and investors, and all purchasers of commercial property...more
U.S. EPA is moving forward on multiple initiatives that will significantly impact regulatory policy for air sources-
The last few weeks have seen a significant amount of regulatory action related to air regulation and...more