In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more
The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more
In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA). Under Section...more
On March 4, 2025, the United States Supreme Court issued its ruling in City and County of San Francisco v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency (EPA)’s permitting authority under...more
3/10/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Pollution
Environmental insurance plays a critical role in managing the financial risks associated with environmental liabilities. It provides coverage for pollution incidents, cleanup costs, and legal defense expenses, offering a...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
2/20/2025
/ Citizen Suits ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Corporate Counsel ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Regulatory Reform ,
Trump Administration
The regulatory landscape likely to characterize President Donald Trump’s second term will create important implications for conducting U.S. Environmental Protection Agency (EPA) compliance audits within the manufacturing...more
2/13/2025
/ Clean Air Act ,
Clean Water Act ,
Compliance ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
NPDES ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more
2/7/2025
/ Clean Water Act ,
Contamination ,
Environmental Litigation ,
Liability ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
Public Health ,
Risk Management ,
Settlement ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves...more
On December 9, 2024, the U.S. Environmental Protection Agency (EPA) issued a landmark rule banning trichloroethylene (TCE) and perchloroethylene (PERC), two widely used industrial solvents associated with significant health...more
The U.S. Environmental Protection Agency (EPA) proposed new standards on November 22, 2024, to significantly tighten nitrogen oxides’ (NOx) emission limits from fossil fuel-fired stationary combustion turbines. These proposed...more
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) aims to facilitate cleanup and accountability in hazardous waste sites. The Bona Fide Prospective Purchaser (BFPP) defense was introduced to...more
11/26/2024
/ AAI ,
BFPP ,
Brownfield Properties ,
CERCLA ,
Contaminated Properties ,
Deregulation ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Investors ,
Judicial Appointments ,
Land Developers ,
Potentially Responsible Party (PRP) ,
Statutory Interpretation ,
Trump Administration
The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald...more
11/20/2024
/ Allocation of Funds ,
CERCLA ,
Deregulation ,
Donald Trump ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Hazardous Waste ,
Innovative Technology ,
National Priorities List (NPL) ,
Regulatory Reform ,
Site Remediation ,
Superfund ,
Trump Administration
A second Trump presidency may bring a renewed focus on deregulation and a reduction in federal oversight, which could have profound implications for brownfield redevelopment. Brownfields are previously developed sites, often...more
11/13/2024
/ Brownfield Properties ,
Contaminated Properties ,
Deregulation ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
NEPA ,
Opportunity Zones ,
Presidential Elections ,
Public Health ,
Redevelopment ,
Regulatory Agenda ,
Tax Incentives ,
Transparency ,
Trump Administration
The relationship between fluoride in public water supplies and the regulatory framework of the Safe Drinking Water Act (SDWA) has gained renewed scrutiny following the recent Food & Water Watch, Inc. v. EPA case. Fluoride,...more
A return to the presidency by Donald Trump has raised questions about the future of the U.S. Environmental Protection Agency (EPA) and the broader landscape of environmental policy in the United States. Given Trump’s past...more
11/7/2024
/ Air Quality Standards ,
Budget Cuts ,
Carbon Emissions ,
Donald Trump ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Popular ,
Renewable Energy ,
Restructuring ,
Rollbacks ,
Scientific Research ,
Trump Administration ,
Water Quality Control Boards
On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management,...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)
On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more
On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more
Per- and polyfluoroalkyl substances (PFAS), often dubbed “forever chemicals,” are increasingly scrutinized for their environmental persistence and possible health risks. Businesses that manufacture, use, or dispose of PFAS...more
7/5/2024
/ Audits ,
CERCLA ,
Clean Water Act ,
Compliance ,
PFAS ,
Risk Assessment ,
Risk Management ,
Safety Data Sheets ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Training
On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more
On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more
7/2/2024
/ Administrative Procedure Act ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The increasing threat of cyberattacks against U.S. water supplies has raised significant concerns among federal officials, who emphatically stress the need for utilities to bolster their cybersecurity measures. A recent...more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more