Back in 2023, the U.S. Environmental Protection Agency (EPA) issued a sweeping information-gathering rule under the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) to report on per- and...more
The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more
The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes...more
U.S. Environmental Protection Agency (EPA) Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and the agency’s corrective action authority under the Resource...more
The U.S. Environmental Protection Agency (EPA) published a final reporting rule under the Toxic Substances Control Act (TSCA) on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances (PFAS) and...more
10/24/2023
/ Compliance ,
Covered Entities ,
Deadlines ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Extended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. EPR laws are found worldwide, particularly in Europe and Canada, but are becoming more prevalent at the state...more
Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been in use since the 1940s and have been added to a wide variety of products to make them resistant to heat, water, oil, and corrosion. PFAS...more
7/7/2023
/ Consumer Product Companies ,
Environmental Litigation ,
Environmental Policies ,
Hazardous Substances ,
Legislative Agendas ,
New Legislation ,
PFAS ,
Popular ,
Product Packaging ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure
The U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site...more
After a lengthy committee process, ASTM International revised its standard practice for Phase I environmental site assessments (ASTM E1527) for the first time since 2013. Phase I environmental site assessments facilitate...more
The U.S. Environmental Protection Agency on June 22, 2020, released the prepublication version of final regulations establishing “significant new use rules” for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical...more
7/8/2020
/ Chemicals ,
De Minimus Doctrine ,
Environmental Protection Agency (EPA) ,
Exports ,
Final Rules ,
Imports ,
Manufacturers ,
Notice Requirements ,
PFAS ,
Safe Harbors ,
Toxic Substances Control Act (TSCA)
Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more
5/1/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The U.S. Centers for Disease Control is now recommending that everyone consider wearing face masks or other face coverings to help prevent the spread of COVID-19 in public settings where social distancing measures are...more
In the wake of coronavirus (COVID-19), businesses are finding themselves in situations where facilities need to shut down, staff are sent home, laboratories that test monthly samples are temporarily closed, or outside...more
The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act....more
8/19/2019
/ Certification Requirements ,
Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Proposed Rules ,
Public Comment ,
Regulatory Oversight ,
Scope of Review ,
Section 401 ,
Trump Administration ,
Water Quality ,
Waters of the United States
The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more
11/9/2017
/ Clean Water Act ,
Environmental Liability ,
Environmental Policies ,
Environmental Violations ,
PG&E ,
RCRA ,
Regulatory Standards ,
Storm Water ,
Stormwater Discharge Permits ,
Summary Judgment ,
Utilities Sector
President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more
4/6/2017
/ Bureau of Land Management ,
Clean Power Plan ,
Climate Change ,
Coal ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fracking ,
Greenhouse Gas Emissions ,
Natural Gas ,
Natural Resources ,
NEPA ,
Nuclear Power ,
Oil & Gas ,
Petition for Review ,
Regulatory Reform ,
Rescission ,
Stays ,
Trump Administration
On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more
1/13/2017
/ CERCLA ,
Coal Industry ,
Comment Period ,
Electric Generation Suppliers ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
Mining ,
Oil & Gas ,
Petroleum ,
Proposed Rules ,
Webinars
On March 2, 2015, the U.S. Environmental Protection Agency published a final rule expanding the number of refrigerants approved for use in a variety of refrigeration and air-conditioning equipment as compliant with the...more
Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.)
On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that...more