The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more
On June 5, the U.S. Environmental Protection Agency proposed limits on the use of N-Methylpyrrolidone (NMP), a solvent found in products such as arts and crafts supplies and paint remover. Manufacturers also use NMP during...more
In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer...more
Right out of the gate in 2024, we’ve seen several states further regulate the sale of PFAS-containing products. On Jan. 1, a Connecticut statute took effect prohibiting the sale or promotion of any “food package to which PFAS...more
In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce...more
Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response,...more
The U.S. Environmental Protection Agency announced July 25 proposed updates to its Air Emissions Reporting Requirements (AERR), including a proposal to require the reporting of hazardous air pollutants, or “air toxics”...more
New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic...more
The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity —...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Companies operating in Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia – whose operations involve the release of emissions — will need to...more
More and more state legislatures are looking to PFAS exposure as one of the main focuses of their new environmental regulations. As of this month, Maine banned the sale of residential carpets containing PFAS and became the...more
On September 19, 2022, a Cook County (Illinois) jury awarded $363 million to 70-year-old plaintiff Susan Kamuda in the first of many lawsuits against industrial sterilization company Sterigenics. These lawsuits accuse the...more
The Supreme Court has ruled the federal Clean Air Act does not grant the Environmental Protection Agency authority to act without Congress when capping plant emissions through measures such as “generation shifting” — i.e....more
As regular readers of this blog know, we have been keeping tabs on the Supreme Court’s review of West Virginia v. Environmental Protection Agency, a case addressing how broadly executive agencies can interpret the legislation...more
On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired...more