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Astrika Adams

Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas

The U.S. Environmental Protection Agency (EPA) Region 6 recently issued the first draft Class VI permits in Texas under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program. These draft permits would…more

Carbon Capture and Sequestration, Carbon Emissions, Environmental Protection Agency (EPA), Safe Drinking Water Act

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Alyse Adamson

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

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Amber Ahmed

Key Environmental Law and Policy Issues to Watch in President Trump’s Second Administration

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Biden Administration, Energy Projects, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Leandra Ansah

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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James Auslander

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National…more

CEQ, Environmental Assessments, Environmental Policies, Environmental Review, NEPA

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David Barker

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Abby Barnicle

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Leigh Barton

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

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Gus Bauman

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

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Nicole Bayne

2024 Litigation Look Ahead Series: Challenges to Administrative Law Judges, Judicial Review Process Could Limit Executive Power

B&D is pleased to present the third installment of our 2024 Litigation Look Ahead series. (Read part two on the increased application of the major questions doctrine here.) In this section of the compilation, our litigation…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Judicial Review

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Christopher Bolte

DOJ Announces Continued Focus on Curbing White Collar Crime

Deputy Attorney General (DAG) Lisa Monaco recently delivered keynote remarks at the American Bar Association’s 39th National Institute on White Collar Crime. She announced that the Department of Justice (DOJ) would continue to…more

Attorney General, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

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Madeleine Boyer

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal agency…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Robert Brager

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal agency…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Megan Brillault

New York Extends Limitations Period for Emerging Contaminant Claims by Water Suppliers

On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h (amended…more

Contamination, Statute of Limitations, Water, Water Supplies

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Mary Burdette

Minnesota Becomes Fifth State to Enact EPR Law for Packaging and Paper; First to Enact EPR Law for Boat Wrap

Key Takeaways - What Happened? On May 21, 2024, Minnesota Governor Tim Walz signed the Packaging Waste and Cost Reduction Act (the Act). Minnesota is the fifth state to enact laws implementing packaging EPR rules, alongside…more

Landfills, Product Packaging, Recycling, Waste Management

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Michael Campinell

EPA Accelerates PFAS Reporting in the Toxic Release Inventory

In a new proposed rule, the U.S. Environmental Protection Agency (EPA) proposes adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 categories of PFAS to the list of chemicals subject to reporting in the Toxic…more

Environmental Protection Agency (EPA), NDAA, PFAS, Reporting Requirements, Toxic Chemicals

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Ryan Carra

EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)

Key Takeaways - The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Manufacturers, Toxic Chemicals

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Benjamin Champion

Key Environmental Law and Policy Issues to Watch in President Trump’s Second Administration

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Biden Administration, Energy Projects, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Eric Christensen

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Katelyn Ciolino

Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty

Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New…more

Greenhouse Gas Emissions, Motion to Dismiss, Water

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Jeff Clare

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

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Casey Clausen

Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law

Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, Toxic Chemicals

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Alyse Constantinide

DOJ Implements Nationwide “Voluntary Self-Disclosure” Program: All U.S. Attorneys’ Offices Instructed to Follow Updated Corporate Criminal Enforcement Policy

The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy…more

Cooperation, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Federal Sentencing Guidelines

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Nessa Horewitch Coppinger

Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law

Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, Toxic Chemicals

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John Cruden

Key Environmental Law and Policy Issues to Watch in President Trump’s Second Administration

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Biden Administration, Energy Projects, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

See all updates »

Lia Crutchfield

2024 Litigation Look Ahead Series: Challenges to Administrative Law Judges, Judicial Review Process Could Limit Executive Power

B&D is pleased to present the third installment of our 2024 Litigation Look Ahead series. (Read part two on the increased application of the major questions doctrine here.) In this section of the compilation, our litigation…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Judicial Review

See all updates »

Richard Davis

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Robert Denney

EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)

Key Takeaways - The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Manufacturers, Toxic Chemicals

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Brook Detterman

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Emma Dismukes

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

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Jacob Duginski

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

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Leah Dundon

SEC Issues Proposed Rules on Climate-Related Disclosures

On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require disclosures…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Publicly-Traded Companies

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Loren Dunn

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron…more

Chevron Deference, Fishing Industry, National Marine Fisheries Service, SCOTUS

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Mark Duvall

EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)

Key Takeaways - The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Manufacturers, Toxic Chemicals

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Gina Ecolino

Cannabis Business CEQA Exemption Expires on July 1: Will You Have a Permit or License to Conduct Business?

The legalization of cannabis in California has brought about a flurry of regulatory and statutory requirements to conduct business. In order to facilitate the business demand, the State postponed certain requirements, such as…more

CEQA, Exemptions, Licenses, Marijuana, Marijuana Related Businesses

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Daniel Eisenberg

Circular Economy: The European Commission Adopts New Ecodesign Requirements

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Circular Economy, EU, European Commission, Manufacturers, Recycling

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Russell Fraker

Latest Developments and Initiatives in Brazil

In this Brazilian environmental law update, we bring you the latest news on key initiatives shaping Brazil's regulatory framework and delve into diverse subjects ranging from financial responsibility and proposals for…more

Brazil, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions, PFAS

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Jason Frank

Has the major questions doctrine had a major impact?

Since its formal announcement as a constitutional “doctrine” in West Virginia v. EPA, administrative and environmental law practitioners have speculated that the major questions doctrine (MQD) would mark a major shift in how…more

Enforcement Actions, Food and Drug Administration (FDA), Political Question Doctrine, Securities and Exchange Commission (SEC), West Virginia v EPA

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David Friedland

EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program regulations…more

Carbon Emissions, Clean Air Act, Construction Permits, Construction Project, Environmental Protection Agency (EPA)

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Amandine Fromont

EPA Finalizes New Aquatic Life Water Quality Standards Guidelines for Ten PFAS

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) published its final recommended aquatic life water quality criteria and benchmarks for two per- and polyfluoroalkyl substances…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), PFAS, Water Quality

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Deepti Gage

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Audra Gale

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Collin Gannon

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The…more

Consent Decrees, Groundwater, Rio Grande Compact, SCOTUS, Water

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Nicole Garson

2024 Litigation Look Ahead Series: Increased Application of Major Questions Doctrine Could Limit Regulatory Authority

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part one covering the future of Chevron deference here.) In this edition, our litigation team highlights recently decided or pending…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Nuclear Regulatory Commission, Section 404

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Aaron Goldberg

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Hazardous Waste

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Marc Goldstein

COVID-19 Impacts in Massachusetts: Governor Returns Businesses to Phase 3 Step 1 and State Jury Trials Delayed Until January

Update Highlights: • COVID-19 infection rates, case numbers, hospitalizations, and deaths are at or approaching the highs seen in the spring. …more

Coronavirus/COVID-19, Court Schedules, Governor Baker, Re-Opening Guidelines, State and Local Government

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Stephen Gordon

New York Approves $3 Billion 2020 Conservation Bond Act

The New York State Legislature passed Governor Cuomo’s Restore Mother Nature Bond Act on April 1st as part of the state’s 2020-2021 budget. The Act, if approved by New York voters in November, will provide $3 billion for…more

Conservation, Critical Habitat, Environmental Policies, State and Local Government

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Jeanine Grachuk

EPA Accelerates PFAS Reporting in the Toxic Release Inventory

In a new proposed rule, the U.S. Environmental Protection Agency (EPA) proposes adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 categories of PFAS to the list of chemicals subject to reporting in the Toxic…more

Environmental Protection Agency (EPA), NDAA, PFAS, Reporting Requirements, Toxic Chemicals

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Kirstin Gruver

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Paul Hagen

Countries to Resume Negotiations on Global Plastics Pollution Treaty: Outlook for INC-4

Countries are preparing for a new round of negotiations on an ambitious legally binding international treaty to address plastics pollution across the entire life cycle of plastics per the UNEA 5.2 mandate in resolution 5/14. As…more

Environmental Policies, Plastics, Pollution Control, Recycling, Waste Management

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Nicholas Hanel

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Karen Hansen

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The…more

Consent Decrees, Groundwater, Rio Grande Compact, SCOTUS, Water

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John Hanson

EPA’s Plan to Implement Trump’s Proposed Budget Signals Massive Change

President Trump’s recent budget proposal and a more detailed U.S. Environmental Protection Agency (“EPA”) memo regarding its implementation portend a potentially seismic shift in federal environmental priorities and programs…more

Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Trump Administration

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Raven Hayes

Biden Administration Initiates Ocean Justice Strategy

On June 8, 2023, the White House Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), announced the development of a new “Ocean Justice…more

Biden Administration, CEQ, Climate Action Plan, OSTP

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Harold Himmelman

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide and…more

Chemicals, Confidential Business Information (CBI), Disclosure Requirements, EU, European Court of Justice (ECJ)

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Lauren Hopkins

California to Require Climate Disclosures from Large Companies (Updated)

Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3…more

CARB, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

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Alexander Horning

New Jersey Adopts EPR for EV and Hybrid Car Batteries

Add electric and hybrid vehicle batteries to the growing list of products subject to extended producer responsibility (EPR) mandates. On January 8, 2024, New Jersey enacted the Electric and Hybrid Vehicle Battery Management Act…more

Automotive Industry, Batteries, Electric Vehicles, Manufacturers

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Ning Hsu

EPA Issues Final Lead and Copper Rule Improvements with Far Reaching Lead Pipe Replacement Mandates

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Lead and Copper Rule Improvements (LCRI), marking a pivotal change in the regulation of lead in drinking water. This updated rule…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Hilary Jacobs

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a…more

Air Pollution, Environmental Justice, MassDEP, Pollution Control

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Steven Jawetz

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental…more

CERCLA, Department of Justice (DOJ), Environmental Justice, Environmental Protection Agency (EPA), OECA

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Elizabeth Johnson

Extended Producer Responsibility Comes to California Apparel and Textile Producers

What Happened: On September 28, the Responsible Textiles Recovery Act of 2024 was signed into law which is designed to increase responsibilities of apparel and textile article producers regarding the reuse, repair, and recycling…more

California, Manufacturers, PFAS, Textiles, Toxic Chemicals

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Lauren Karam

EPA Accelerates PFAS Reporting in the Toxic Release Inventory

In a new proposed rule, the U.S. Environmental Protection Agency (EPA) proposes adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 categories of PFAS to the list of chemicals subject to reporting in the Toxic…more

Environmental Protection Agency (EPA), NDAA, PFAS, Reporting Requirements, Toxic Chemicals

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John Kazanjian

Court Rejects Umbrella Coverage for Oil Spill Cleanup Costs where Underlying Insurance Requirements were Not Satisfied

On May 6, 2020, a Montana federal court ruled that an insurer was not obligated to cover $1 million in cleanup costs incurred by an umbrella policyholder after spilling 238 barrels of crude oil and 1,200 barrels of production…more

Clean-Up Costs, Oil & Gas, Oil Spills

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Eric Klein

Court Rejects EPA’s Narrow Interpretation of a Key RCRA Exemption, Undercutting a National Enforcement Initiative

On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected the…more

Administrative Law Judge (ALJ), Air Pollution, Corporate Counsel, Environmental Protection Agency (EPA), Hazardous Waste

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Heidi Knight

OSHA Proposes New Heat Injury and Illness Prevention Standard

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation of…more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

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Daniel Krainin

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

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Katrina Krebs

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

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Jessica Kyle

Maryland 2017 Environmental Legislative Agenda Set

March 6 marked the final day for the introduction of bills in the Maryland General Assembly without a rules suspension. Below are highlights of environmental or related public health bills under consideration in the Maryland…more

Flame Retardant, Fracking, General Assembly, Legislative Agendas, Solid Waste

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K. Russell LaMotte

EPA Finalizes HFC Emissions Reduction and Reclamation Program

Key Takeaways - What Happened? On October 11, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the Emissions Reduction and Reclamation (ER&R) Program to manage certain…more

Climate Change, Environmental Protection Agency (EPA), Global Warming, HFC Emissions, RCRA

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Jessalee Landfried

OSHA Proposes New Heat Injury and Illness Prevention Standard

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation of…more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

See all updates »

Jayni Lanham

OSHA Proposes New Heat Injury and Illness Prevention Standard

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation of…more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

See all updates »

Lauren Lankenau

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

See all updates »

Laura LaValle

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

See all updates »

Julia Li

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Weiwei Luo

China Sets out a Regulatory Roadmap to Control New Chemicals

On May 24, 2022, China State Council issued an Action Plan on New Pollutants Governance (“Plan”) to set out a regulatory roadmap to control new chemicals and outline an enhanced enforcement framework for compliance. The Plan…more

Chemicals, China, Manufacturers, Pollution Control, Risk Assessment

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Louis Manzo

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Pamela Marks

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL) in…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Sharon Mathew

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

Laura McAfee

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal agency…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Claire McLeod

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

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Jesse Miles

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National…more

CEQ, Environmental Assessments, Environmental Policies, Environmental Review, NEPA

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W. Parker Moore

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National…more

CEQ, Environmental Assessments, Environmental Policies, Environmental Review, NEPA

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Megan Morgan

2022 Wrap-Up on ESG Reporting

As 2022 comes to a close, mandatory Environmental, Social, Governance (ESG) reporting in the United States remains the subject of much debate and political scrutiny. The European Union (EU) and other jurisdictions are moving…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Reporting Requirements

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Michael Murphy

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

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Timothy Nevins

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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Katherine O'Keefe

Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater…more

Clean Water Act, Department of Ecology, State and Local Government, Washington

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Evynn Overton

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

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Anthony Papetti

Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid…more

CARB, Clean Air Act, Electric Vehicles, Power Grid, State and Local Government

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John Paul

Unlocking Electricity Decarbonization? FERC Adopts Transmission Interconnection Reforms

On July 23, 2023, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2023, a “landmark” order, which aims to significantly improve the interconnection of new generation and energy storage projects to the nation’s…more

Electricity, Energy Sector, FERC, Interconnections, Transmission Grid

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Timothy Pohle

Canada Amends the Competition Act to Target Greenwashing

Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received…more

Canada, Competition, Competition Act, Environmental Claims, Greenwashing

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Graham Pough

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The…more

Consent Decrees, Groundwater, Rio Grande Compact, SCOTUS, Water

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Roy Prather, III

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations and…more

Advertising, Federal Trade Commission (FTC), Green Guides, Green Marketing, Greenwashing

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Jonas Reagan

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National…more

CEQ, Environmental Assessments, Environmental Policies, Environmental Review, NEPA

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Julius Redd

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

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Bina Reddy

New Plastics Bill Would Place a Moratorium on All Permits for New Plastics Facilities Until Massive Slate of New Environmental Regulations Adopted

The Protecting Communities from Plastics Act (S. 5163/H.R. 9388), introduced late last week by Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Plastics

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Patrick Redmond

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for…more

Agricultural Sector, Conservation, Natural Resources Conservation Service (NRCS), USDA

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Elizabeth Richardson

FTC Invites Comments on “Green Guides” Refresh

Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a…more

Advertising, Environmental Claims, Federal Trade Commission (FTC), Green Guides, Marketing

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Thomas Richichi

EPA Issues Final Lead and Copper Rule Improvements with Far Reaching Lead Pipe Replacement Mandates

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Lead and Copper Rule Improvements (LCRI), marking a pivotal change in the regulation of lead in drinking water. This updated rule…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Stephen Richmond

Climate Change, Environmental Justice, and Process Safety: EPA Proposes Risk Management Program Rule Amendments (Updated)

The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would add…more

Clean Air Act, Climate Change, Comment Period, Environmental Protection Agency (EPA), Proposed Rules

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Joseph Ruggiero

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a…more

Air Pollution, Environmental Justice, MassDEP, Pollution Control

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Alan Sachs

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for…more

Agricultural Sector, Conservation, Natural Resources Conservation Service (NRCS), USDA

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Claire Schachter

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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Peter Schaumberg

U.S. Department of Interior Proposes New Conservation Framework

In April 2023, the Bureau of Land Management (BLM) published a proposed rule that would apply new “land health” standards to all BLM-managed public lands and programs. This new policy will have broad implications for federal…more

Bureau of Land Management, Department of the Interior, Federal Land, FLPMA

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Aron Schnur

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

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Mackenzie Schoonmaker

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Daniel Schulson

BOEM Proposes to Streamline Offshore Wind Projects

The Bureau of Ocean Energy Management (BOEM) recently released for public comment a notice of proposed rulemaking (NPRM) that would, if adopted, comprehensively update its Outer Continental Shelf (OCS) renewable energy…more

BOEM, Energy Projects, Offshore Wind, Renewable Energy, Wind Power

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Emily Schwartz

EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)

Key Takeaways - The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Manufacturers, Toxic Chemicals

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Lindsey Selba

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific…more

Environmental Assessments, Environmental Protection Agency (EPA), IRIS, Toxic Chemicals, Toxic Exposure

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Peter Selimos

Rulemaking Alert: Plan to Reduce Emissions in Overburdened Communities under Washington’s Climate Commitment Act

The Washington Department of Ecology (Ecology) recently announced its intent to promulgate regulations to reduce “criteria” air pollutants in “overburdened communities” that the agency has determined are highly impacted by air…more

Carbon Emissions, Climate Change, Department of Ecology, Greenhouse Gas Emissions

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Kaitlyn Shannon

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

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Andrew Silton

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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James Slaughter

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant Commerce…more

Commerce Clause, Constitutional Challenges, Dormant Commerce Clause, Farm Animals, Interstate Commerce

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Gary Smith

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

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Stephen Smith

Key Environmental Law and Policy Issues to Watch in President Trump’s Second Administration

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Biden Administration, Energy Projects, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Susan Smith

Implications of Recent Supreme Court Decisions on Administrative, Environmental and Natural Resources Law

The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Erika Spanton

EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional (CII) properties…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Allyn Stern

Key Environmental Law and Policy Issues to Watch in President Trump’s Second Administration

On November 5, President Donald Trump was elected President-elect for a second time. We anticipate that President Trump’s upcoming term will usher significant shifts in U.S. environmental and natural resource law and policy, as…more

Biden Administration, Energy Projects, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Timothy J. Sullivan

EPA Finalizes HFC Emissions Reduction and Reclamation Program

Key Takeaways - What Happened? On October 11, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the Emissions Reduction and Reclamation (ER&R) Program to manage certain…more

Climate Change, Environmental Protection Agency (EPA), Global Warming, HFC Emissions, RCRA

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Timothy Sullivan

EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program regulations…more

Carbon Emissions, Clean Air Act, Construction Permits, Construction Project, Environmental Protection Agency (EPA)

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Kathryn Szmuszkovicz

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Amanda Thompson

EU Cracks Down on Environmental Claims (Updated)

Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The…more

Environmental Claims, EU, Greenhouse Gas Emissions, Marketing

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Joshua Van Eaton

Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid…more

CARB, Clean Air Act, Electric Vehicles, Power Grid, State and Local Government

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Michael Vitris

The Fifteenth Court of Appeals: What Texas’s New Appeals Court Means for Environmental Litigation

On June 11, 2024, Texas Governor Greg Abbott announced his inaugural appointments to the new Fifteenth Court of Appeals. The new intermediate court of appeals will take effect on September 1, 2024, and have statewide exclusive…more

Appeals, Enforcement Actions, Environmental Litigation, Railroads, Texas

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Nicole Waxman

EPA Finalizes HFC Emissions Reduction and Reclamation Program

Key Takeaways - What Happened? On October 11, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the Emissions Reduction and Reclamation (ER&R) Program to manage certain…more

Climate Change, Environmental Protection Agency (EPA), Global Warming, HFC Emissions, RCRA

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Justin Weatherwax

OSHA Proposes New Heat Injury and Illness Prevention Standard

As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation of…more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

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David Weber

Rulemaking Alert: Plan to Reduce Emissions in Overburdened Communities under Washington’s Climate Commitment Act

The Washington Department of Ecology (Ecology) recently announced its intent to promulgate regulations to reduce “criteria” air pollutants in “overburdened communities” that the agency has determined are highly impacted by air…more

Carbon Emissions, Climate Change, Department of Ecology, Greenhouse Gas Emissions

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Nicole Weinstein

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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Augustus Winkes

Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law

Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, Toxic Chemicals

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Jack Zietman

Federal Court Orders EPA to Regulate Fluoridation of Drinking Water under TSCA

In a groundbreaking decision, a federal district court has ordered the U.S. Environmental Protection Agency (EPA) to regulate the “unreasonable risk” it found to be posed by the fluoridation of drinking water. The order came in…more

Chemicals, Drinking Water, Environmental Protection Agency (EPA), Toxic Chemicals, Toxic Substances Control Act (TSCA)

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Graham Zorn

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS)…more

Chemicals, Department of Environmental Protection, Hazardous Substances, PFAS, State and Local Government

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