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
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
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
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
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
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
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
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
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
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
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’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
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
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 — 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
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
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 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
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
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
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
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
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
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
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
3/4/2016
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