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PFAS Milestones: EPA Sets Drinking Water Standard, Labels Two Compounds Hazardous Substances

The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First,...more

Wetlands and WOTUS: Implications of Sackett v. EPA

On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more

EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

Supreme Court on Climate: West Virginia v. EPA

In one of the most significant environmental opinions of our time, the Supreme Court held in West Virginia v. EPA that Section 111(d) of the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to...more

Recent Developments in EJ Enforcement and Permitting

The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

Biden Administration Highlights Commitment to Addressing Climate Change at International Summit

In an extended Earth Day event, President Biden hosted the virtual Leaders Summit on Climate (“Summit”) on April 22 and 23, seeking to unite nations around the world in the goal of reducing global greenhouse gas (“GHG”)...more

The Biden Administration’s Approach to the Social Cost of Carbon

As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

COVID-19: EPA Issues Guidance for Delaying CERCLA, RCRA Site Work

Adding to the many regulatory initiatives undertaken to aid the nation’s COVID-19 response and provide enforcement relief to the regulated community, on April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued...more

COVID-19: Environmental Enforcement Quarantine - Regulators Announce Reduced Enforcement During the COVID-19 Pandemic

The COVID-19 pandemic has led to a number of rapid-fire legislative, executive, and regulatory responses in the U.S. States, counties, and cities have issued shelter-in-place and other emergency orders, causing certain...more

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

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