Beginning with the PFAS Action Plan of 2019, it became clear to industry observers and environmental professionals that EPA intends to regulate PFAS compounds in industrial wastewater permits. The Action Plan identified an...more
North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation -
The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more
6/30/2023
/ Department of Environmental Quality ,
Environmental Protection Agency (EPA) ,
Guidance Update ,
Industrial Storm Water Permit ,
Multidistrict Litigation ,
PFAS ,
Proposed Amendments ,
Storm Water ,
Stormwater Discharge Permits ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Wastewater
Seasoned environmental professionals are well-acquainted with the typical hazardous substance release reporting analysis under CERCLA; where a reportable quantity of a hazardous substance is released into the environment...more
On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more
3/28/2022
/ Air Pollution ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Mercury ,
PFAS ,
Public Utility ,
Sackett ,
SCOTUS ,
Toxic Chemicals ,
Waters of the United States ,
Wetlands
EPA recently held its first of two public meetings to garner input on environmental justice considerations related to the development of the proposed per- and polyfluoroalkyl substances (PFAS) national primary drinking water...more
Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
10/8/2021
/ Biden Administration ,
Bodily Injury ,
Clean Water Act ,
Climate Change ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Groundwater ,
Information Reports ,
Obama Administration ,
Property Damage ,
Public Comment ,
SNUR ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
5/6/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Climate Change ,
Environmental Justice ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Permits ,
PFAS ,
Proposed Amendments ,
Site Remediation ,
State Agencies ,
Wastewater
Large quantity generators (LQGs) of hazardous waste who accumulate hazardous waste for no more than 90 days know proper adherence to unit-specific and facility-wide closure requirements is an essential condition for exemption...more
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
10/28/2020
/ Administrative Procedure Act ,
Boiler MACT Rule ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Testing ,
General Elections ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Regulatory Agenda
The obligation of manufacturing facilities to report releases of hazardous substances to local, state, or federal authorities is a complex regulatory subject. Multiple variables may impact whether a facility with a release to...more
Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more
7/16/2020
/ CARES Act ,
CERCLA ,
Clean Water Act ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Financial Stimulus ,
Infrastructure ,
Investment ,
NESHAP ,
Public Projects ,
Regulatory Reform ,
Relief Measures ,
Trump Administration
EPA recently issued a final rule amending Toxic Substances Control Act (TSCA) regulations concerning “small manufacturers” of chemical substances. Companies that meet the regulatory definition of a “small manufacturer” of...more
EPA recently issued a final rule governing how EPA personnel are to conduct certain inspections at regulated facilities. The rule was developed in response to an Executive Order issued by President Trump, and it sets forth...more
The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more
We recently provided a summary of EPA’s guidance entitled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. In this initial guidance, EPA reminded the regulated community that, while it was...more
Among the challenges faced by manufacturers and other regulated parties in dealing with the COVID-19 pandemic is ongoing compliance with environmental laws. For weeks, manufacturers and other regulated entities have asked...more
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more
10/31/2019
/ CERCLA ,
Coal ,
Coal Ash ,
Coal Industry ,
Consultants ,
Enforcement ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Federalism ,
Hazardous Waste ,
Proposed Rules ,
Section 401 ,
Stormwater Discharge Permits
A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more
If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more
6/7/2019
/ Air Pollution ,
BFPP ,
Cap-and-Trade ,
Carbon Emissions ,
CERCLA ,
Chesapeake Bay ,
Clean Water Act ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater Management Plan ,
Hazardous Waste Pharmaceuticals Rule ,
NGOs ,
Pollution Control Board ,
Real Estate Development ,
State Funding ,
TMDL
Certain pharmaceuticals are regulated under the Resource Conservation and Recovery Act (RCRA) as “hazardous waste” when they are discarded. EPA recently finalized new management standards for hazardous waste pharmaceuticals...more
There are many benefits of corporate environmental auditing programs for companies large and small, not the least of which is the potential mitigation of civil penalties for violations of environmental laws discovered during...more