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EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...more

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the...more

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL)...more

EPA Issues Enforcement Alert Targeting BWON and QQQ Noncompliance at Refineries and Chemical Manufacturers

The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene...more

White House Proposes to Again Overhaul NEPA Regulations

On July 31, 2023, the White House Council on Environmental Quality (CEQ) proposed to update its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. Reflecting the increasingly...more

New Biden Executive Order Continues to Advance Environmental Justice Agenda

Today, President Biden signed a new executive order further directing all federal agencies to prioritize environmental justice (EJ) initiatives in their core missions. The Executive Order, entitled Revitalizing Our Nation’s...more

New York Enacts Environmental Justice Permitting Law

What Happened: New York State Governor Kathy Hochul signed the “Cumulative Impacts Bill” into law. The law expands existing environmental review procedures under the State Environmental Quality Review Act (SEQRA), the state...more

EPA Amends All Appropriate Inquiries Standard for Phase I Environmental Site Assessments

Key Takeaways - • Effective February 13, 2023, parties may rely on ASTM E1527-21 to satisfy All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42...more

EPA Letter of Concern Cements Use of Title VI/Environmental Justice as Permit Challenge Tool

On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more

Three Key Takeaways of New Jersey DEP’s Proposed EJ Rules

On June 6, the New Jersey Department of Environmental Protection (DEP) officially published the highly-anticipated proposed implementing rules of the state’s Environmental Justice Law, N.J.S.A. 13:1D-157. The statute requires...more

New York Defines “Disadvantaged Communities” for Use in Justice40 Predecessor Program

New York’s Climate Justice Working Group (“CJWG”) recently released draft criteria that will be used to identify “Disadvantaged Communities,” (“DACs”) as defined by the Climate Leadership and Community Protection Act (“CLCPA”...more

Department of Justice Takes Historic Action to Prioritize Environmental Justice in Enforcement: What Does it All Mean and What is...

On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more

New York Becomes the Third State to Adopt a Constitutional Green Amendment

On November 2, 2021, New York State voters passed a ballot measure enshrining in the State Constitution the right to a “healthful environment.” The new “green amendment” or “Environmental Rights Amendment” (ERA) places New...more

Pennsylvania Steps Up Its Environmental Justice Efforts

Pennsylvania — one of the earliest states to adopt an Environmental Rights Amendment to its constitution, in 1971 — has recently taken steps to expand its longstanding commitment to environmental justice (EJ). On October...more

EPA Releases for Public Comment an Ambitious and Cross-Agency Climate Change and Environmental Justice Plan

Overview and Potential Action for Industry Stakeholders - On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...more

NYC to Hold Summer Town Hall on Environmental Justice on August 18, 2021 and “EJ For All Report” Scoping Document is Open for...

EJ Town Hall - On Wednesday, August 18, 2021, the Mayor’s Office and the Environmental Justice Advisory Board will hold another virtual Town Hall regarding environmental justice (EJ) issues throughout the City. Among other...more

Washington Joins Chorus of States with Major Environmental Justice Laws

Washington State has joined a growing number of states that have adopted keystone environmental justice laws. On May 17, 2021, Governor Jay Inslee signed the Healthy Environment for All (HEAL) Act, E2SSB 5141, into law. ...more

EPA Emphasizes Environmental Justice in HFC Phasedown

On April 30, 2021, EPA Administrator Michael Regan signed the Biden EPA’s first proposed rule to address greenhouse gas emissions and climate change. The nearly 300-page proposal goes into great detail about how EPA proposes...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

New Jersey Governor Signs Landmark Environmental Justice Legislation Into Law

Key Takeaways - • On September 18, 2020, New Jersey Governor Phil Murphy signed landmark environmental justice legislation into law. The law (S232), which the state legislature passed last month, requires the New Jersey...more

New Jersey Passes Landmark Environmental Justice Legislation

Key Takeaways - What Happened: On August 27, 2020, the New Jersey state legislature passed landmark environmental justice legislation requiring the New Jersey Department of Environmental Protection (“NJDEP” or the...more

Pedal to the Metal: 15 States and D.C. Seek to Achieve 100% Zero Emission Vehicle Sales for New Medium-and Heavy-Duty Vehicles by...

15 states and the District of Columbia announced a Memorandum of Understanding (MOU) earlier this week to support sales of electric medium and heavy-duty vehicles, such as delivery trucks, school buses, long-haul trucks, and...more

New York Makes It Easier to Identify Potential Environmental Justice Communities

The New York State Legislature passed legislation on Tuesday, April 30, that requires the state’s Department of Environmental Conservation (DEC) to publish a biennial list of “high local environmental impact zones” – areas...more

EPA Issues Proposal to Amend RMP Rule

The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management...more

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