A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention...more
The EPA is facing heavy criticism from Republican lawmakers, states, and industry groups for its “slow response” to the Supreme Court’s Ruling in Sackett v. EPA. After the ruling, which set out parameters for defining “waters...more
On May 16, 2023, the EPA proposed amendments to regulations that govern review of new chemicals under TSCA. Under TSCA, the EPA is charged with reviewing the potential risk of new chemicals before they enter U.S. commerce,...more
On May 4, 2023, the Office of Management and Budget (OMB) approved the EPA’s proposed new rule to regulate landfills containing coal combustion residuals (CCR). The new rule would close a regulatory gap left open by the EPA’s...more
In a March 19 ruling in State of Texas, et al. v. EPA et al., a U.S. District Court for the Southern District of Texas granted Texas and Idaho’s Motions to block the Biden Administration’s “durable” definition of “Waters of...more
The U.S. Forest Service (USFS) is seeking Clean Water Act (CWA) Permits from the EPA for anticipated discharges from aerial firefighting efforts that may reach federal water. The Plaintiffs in the suite, Forest Services...more
The EPA has release a proposed guidance document for conducting cumulative risk assessments (“CRA”) under the Toxic Substances Control Act (“TSCA”). The guidance is designed to assist the EPA to characterize and quantify the...more
On March 8th, the EPA proposed an Effluent Limitation Guidance (ELG) rule designed to meet a “zero discharge” goal for the steam electric power generating point source category. The proposal includes requirements for advanced...more
The U.S. EPA released a controversial new rule defining regulated “waters of the United States” on January 18, 2023. The Publication began the 60-day clock for critics to challenge the rule in Federal Court. The new Rule is...more
The U.S. Court of Appeals for the District of Columbia is set to rule on a challenge by an asphalt emulsions manufacturing company alleging that the EPA unlawfully required its facility to maintain a Facility Response Plan...more
On Tuesday, November 14, the EPA issued a proposed rule which would increase fees charged under the Toxic Substances Control Act (TSCA) to manufacturers and handlers of chemical substances. The proposed rule would more than...more
On August 16, the EPA released its frequently asked questions (“FAQ”) document advising state regulators to deny permits if applicants do not demonstrate compliance with the civil rights of affected persons and communities in...more
The EPA’s revised lead strategy has cleared the interagency review process, and is expected to be released later this year. The revised strategy outlines the EPA’s intent to work with other federal agencies such as the CDC to...more
The EPA has announced that it will streamline review of new chemical substances that are used in the manufacture of electric vehicle batteries, and that can be used in other, vital emerging markets. The Toxic Substances...more
Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more
Georgia Pacific is filing a petition with the U.S. Supreme Court seeking to clarify the appropriate application of CERCLA’s statute of limitation to contribution actions. In the underlying case, the U.S. District Court in...more
The U.S. EPA is set to publish a long overdue proposed rule that would require certain facilities with above-ground chemical tanks to develop response plans for worst-case scenario spills. The “worst-case response plan...more
On June 30, the EPA Inspector General directed the Agency to develop a more rigorous process for screening self-disclosure of violations made to the EPA’s electronic disclosure system (eDisclosure). The Director found that...more
The EPA has released drinking water health advisory levels for four per-and polyfluoroalkyl substances (“PFAS”), including revised target levels for PFOA and PFOS. The updated advisory levels are based on new science that...more
On Thursday, June 2, the EPA unveiled a proposed rule that would restore states’ ability to veto Federal infrastructure projects that they think could pollute water within their borders. If finalized, the EPA’s proposed...more
In December, 2021, representatives of the timber and paper industry petitioned the EPA to ease restrictions on the burning of railroad ties and paper residuals as fuel without triggering strict hazardous waste combustion...more
On February 24, the EPA announced that it will stop accepting streamlined requests to correct entries on the TSCA Inventory of Chemicals in Commerce as of April 26, 2022. Historically, the Agency has allowed corrections to...more
The liquid terminal industry which provides the infrastructure, storage and transportation planning for bulk liquid products such as oil, gas, industrial chemicals and fertilizers, is petitioning the EPA to consider...more
The Environmental Protection Agency has added a new chemical to the list of Hazardous Air Pollutants (HAPs) for the first time since the list was created in 1990. The chemical, 1 bromopropane (1-BP), is used as a commercial...more
The White House Office of Management & Budget is currently reviewing EPA’s proposal to designate two of the most common PFAS compounds (PFOA and PFOS) as “Hazardous Substances” under CERCLA. The listing effort is on track...more