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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

Environmental Enforcement Update: What to Expect In the Second Trump Administration

We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since…more

CERCLA, Clean Air Act, Clean Water Act, Corporate Counsel, Department of Justice (DOJ)

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Amber Ahmed

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off (Updated)

We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts. In a stark directive, Trump has…more

Clean Air Act, Clean Water Act, Climate Change, Environmental Justice, Environmental Protection Agency (EPA)

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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

NEPA: Back to the Drawing Board

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of CEQ’s…more

Comment Period, Energy Sector, Environmental Policies, Executive Orders, Interim Final Rules (IFR)

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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 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated Properties (Updated)

Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES, Permits

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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

Washington Department of Ecology to Update to Organic Materials Management Rules to Reduce Potential Feedstock Contamination

The Washington Department of Ecology is undertaking a rulemaking process to update its organic materials management regulations to include permitting requirements for facilities that manage and process organic materials. The…more

Agricultural Sector, Contamination, Department of Ecology, Waste Management

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Madeleine Boyer

Key Areas for Regulatory Engagement With the Trump Administration’s Emphasis on Biofuels

Overview - Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan…more

Biofuel, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Internal Revenue Code (IRC)

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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 TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride, EPA…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Regulatory Requirements, Risk Management

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Benjamin Champion

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Eric Christensen

President Trump Mandates Unprecedented Agency Review of Rules and Enforcement Actions

As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order…more

Constitutional Challenges, Enforcement Actions, Environmental Policies, Executive Orders, Regulatory Agenda

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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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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

Strategies for Navigating the Rule Revocation Process under the Congressional Review Act and Executive Branch Mechanisms

The Congressional Review Act (CRA) provides an expedited process by which Congress can adopt a resolution of disapproval that overturns agency rulemakings, guidance, and similar decisions. At the start of the first Trump…more

Biden Administration, Congressional Review Act, Environmental Protection Agency (EPA), Notice and Comment, Trump Administration

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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 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated Properties (Updated)

Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES, Permits

See all updates »

Robert Denney

Treasury and the IRS Finalize Clean Electricity Tax Credit Rules

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) finalized regulations on the clean electricity production tax credit and clean electricity investment tax credit under sections 45Y and 48E of…more

Clean Energy, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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Brook Detterman

Key Areas for Regulatory Engagement With the Trump Administration’s Emphasis on Biofuels

Overview - Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan…more

Biofuel, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Internal Revenue Code (IRC)

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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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Leticia Duarte

EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways - What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies…more

Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Product Packaging, Recycling

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Jacob Duginski

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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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 TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride, EPA…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Regulatory Requirements, Risk Management

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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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Sara Eddy

EPA Seeks Public Comments on Petition to Amend Pesticide Labeling Requirements

Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment period…more

California, Environmental Protection Agency (EPA), FIFRA, Labeling, Proposition 65

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Daniel Eisenberg

Trump Administration Targets Appliance Efficiency Standards: Legal Battles Likely to Follow

Nearly one month has passed since President Trump’s inauguration, and the new administration is beginning to execute its approach to water and energy efficiency standards for appliances and equipment. As was the case in 2016,…more

Department of Energy (DOE), Energy Efficiency, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Jacqueline Eisermann

EPA Finalizes TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride, EPA…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Regulatory Requirements, Risk Management

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Gabriela Espir

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Jeremy Faulkner

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Taylor Ferrell

NEPA: Back to the Drawing Board

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of CEQ’s…more

Comment Period, Energy Sector, Environmental Policies, Executive Orders, Interim Final Rules (IFR)

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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

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Amandine Fromont

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits

Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025…more

Clean Water Act, Construction Industry, Environmental Protection Agency (EPA), NPDES, Permits

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Deepti Gage

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

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

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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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

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

California, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Ragini Gupta

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Paul Hagen

Massachusetts Forms an EPR Commission for Packaging and Other Products

On November 21, 2024, Massachusetts enacted legislation likely to accelerate its adoption of new extended producer responsibility (EPR) legislation. Tucked into a new climate law (find a separate alert on the law here), Section…more

Climate Change, Environmental Policies, Extended Producer Responsibility (EPR), Product Packaging, State and Local Government

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Nicholas Hanel

DOE Issues Unprecedented $25 Million Penalty for Violations of Federal Appliance Efficiency Standards

Capping a four-year effort to revitalize enforcement under its Appliance and Equipment Standards Program, earlier this week, the U.S. Department of Energy (DOE) announced that it had assessed and collected a civil penalty of…more

Civil Monetary Penalty, Department of Energy (DOE), Energy Efficiency, Energy Sector, Enforcement Actions

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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

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

California, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Alexander Horning

Massachusetts Forms an EPR Commission for Packaging and Other Products

On November 21, 2024, Massachusetts enacted legislation likely to accelerate its adoption of new extended producer responsibility (EPR) legislation. Tucked into a new climate law (find a separate alert on the law here), Section…more

Climate Change, Environmental Policies, Extended Producer Responsibility (EPR), Product Packaging, State and Local Government

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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

FDA Proposes New Rule on Testing Talc-Containing Cosmetic Products

Mandatory testing of talc-containing cosmetic products is coming. At the end of December, the Food and Drug Administration (FDA) proposed a cosmetics rule and test method for asbestos in talc that was required under Section 3505…more

Asbestos, Cosmetics, Environmental Protection Agency (EPA), Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Lauren Karam

Massachusetts Enacts New Climate Law to Promote Clean Energy

Following climate laws passed in 2021 and 2022, Massachusetts has again enacted a new piece of climate-focused legislation. On November 21, 2024, Governor Maura Healey signed into law “An Act Promoting a Clean Energy Grid,…more

Clean Energy, Climate Change, Electric Vehicles, Energy Policy, Energy Projects

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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

New Chemical Identified in Chloraminated Drinking Water: Implications for Water Treatment Facilities and Chloramine Manufacturers

After more than forty years of research, scientists finally determined the molecular formula of a chemical found in chloraminated drinking water. Using advanced analytical techniques, researchers detected and characterized the…more

Chemicals, Drinking Water, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA)

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Heidi Knight

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

Thomas Kolkin

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

Daniel Krainin

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Katrina Krebs

New York Proposes Regulatory Amendments to Implement Environmental Justice Law

The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Proposed Amendments, Regulatory Agenda

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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

Treasury and the IRS Finalize Clean Electricity Tax Credit Rules

The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) finalized regulations on the clean electricity production tax credit and clean electricity investment tax credit under sections 45Y and 48E of…more

Clean Energy, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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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

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Jayni Lanham

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

Lauren Lankenau

EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways - What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies…more

Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Product Packaging, Recycling

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Laura LaValle

What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue. As…more

Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA), Litigation Strategies, NGOs

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Julia Li

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated Properties (Updated)

Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES, Permits

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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

EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways - What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies…more

Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Product Packaging, Recycling

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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)

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Claire McLeod

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Jesse Miles

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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W. Parker Moore

NEPA: Back to the Drawing Board

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of CEQ’s…more

Comment Period, Energy Sector, Environmental Policies, Executive Orders, Interim Final Rules (IFR)

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Megan Morgan

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

California, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Elizabeth Nugent Morrow

EPA Finalizes TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride, EPA…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Regulatory Requirements, Risk Management

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Michael Murphy

New York Proposes Regulatory Amendments to Implement Environmental Justice Law

The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Proposed Amendments, Regulatory Agenda

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Lauren Murvihill

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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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

Washington Ecology Issues its New Industrial Stormwater General Permit, Effective January 1, 2025

Key Takeaways - What Is Happening? The Washington State Department of Ecology (Ecology) published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain…more

Department of Ecology, PFAS, Storm Water, Stormwater Discharge Permits

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Evynn Overton

What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue. As…more

Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA), Litigation Strategies, NGOs

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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

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Timothy Pohle

Key Areas for Regulatory Engagement With the Trump Administration’s Emphasis on Biofuels

Overview - Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan…more

Biofuel, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Internal Revenue Code (IRC)

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Graham Pough

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off (Updated)

We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts. In a stark directive, Trump has…more

Clean Air Act, Clean Water Act, Climate Change, Environmental Justice, Environmental Protection Agency (EPA)

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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

NEPA: Back to the Drawing Board

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of CEQ’s…more

Comment Period, Energy Sector, Environmental Policies, Executive Orders, Interim Final Rules (IFR)

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Julius Redd

NEPA: Back to the Drawing Board

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of CEQ’s…more

Comment Period, Energy Sector, Environmental Policies, Executive Orders, Interim Final Rules (IFR)

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Bina Reddy

What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue. As…more

Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA), Litigation Strategies, NGOs

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Patrick Redmond

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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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

New York Proposes Regulatory Amendments to Implement Environmental Justice Law

The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Proposed Amendments, Regulatory Agenda

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Alan Sachs

EPA Seeks Public Comments on Petition to Amend Pesticide Labeling Requirements

Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment period…more

California, Environmental Protection Agency (EPA), FIFRA, Labeling, Proposition 65

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Claire Schachter

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

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

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

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

New Chemical Identified in Chloraminated Drinking Water: Implications for Water Treatment Facilities and Chloramine Manufacturers

After more than forty years of research, scientists finally determined the molecular formula of a chemical found in chloraminated drinking water. Using advanced analytical techniques, researchers detected and characterized the…more

Chemicals, Drinking Water, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA)

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Kaitlyn Shannon

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Andrew Silton

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits

Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025…more

Clean Water Act, Construction Industry, Environmental Protection Agency (EPA), NPDES, Permits

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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 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Justin Smith

Key Areas for Regulatory Engagement With the Trump Administration’s Emphasis on Biofuels

Overview - Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan…more

Biofuel, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Internal Revenue Code (IRC)

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Stephen Smith

Tracking Trump Administration Executive Orders Relating to Environment, Energy, and Natural Resources (Updated)

This advisory provides a high-level overview of executive orders (EOs) and Presidential memoranda related to environment, energy, and natural resources signed by President Trump on Inauguration Day and the days immediately…more

Climate Change, Department of Energy (DOE), Deregulation, Energy Sector, Environmental Policies

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Susan Smith

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Erika Spanton

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits

Update: On February 3, 2025, EPA extended the comment period on the 2026 Multi-Sector General Permit (MSGP) to April 4, 2025…more

Clean Water Act, Construction Industry, Environmental Protection Agency (EPA), NPDES, Permits

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Allyn Stern

EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways - What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies…more

Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Product Packaging, Recycling

See all updates »

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

USDA Reverts to Pre-2020 Regulatory Framework for Genetically Engineered Organisms Following California Federal Court Ruling

The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced an abrupt reversion to its pre-2020 approach to biotechnology regulation on December 19, in the wake of a December 2 ruling…more

APHIS, Genetically Engineered Animals, Genetically Engineered Seed, USDA

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Mariel Tang

New York Courts Provide Additional Guidance on Implementation of Green Amendment

Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and water,…more

Environmental Litigation, Environmental Policies, New York, Public Health, Regulatory Agenda

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Megan Unger

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Joshua Van Eaton

President Trump Mandates Unprecedented Agency Review of Rules and Enforcement Actions

As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order…more

Constitutional Challenges, Enforcement Actions, Environmental Policies, Executive Orders, Regulatory Agenda

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Michael Vitris

What to Do If You Get a Notice of Intent to Sue from an eNGO

Most federal environmental statutes grant citizens broad authority to bring lawsuits against companies where there is alleged noncompliance. Before they can do so, however, they must provide a Notice of Intent (NOI) to sue. As…more

Enforcement Actions, Environmental Litigation, Environmental Protection Agency (EPA), Litigation Strategies, NGOs

See all updates »

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

Washington’s Department of Ecology Requests Public Input on Clean Vehicles Program Rulemaking

The Washington State Department of Ecology (Ecology) recently initiated a process to amend Chapter 173-423 WAC, the state’s Clean Vehicles Program. The Clean Vehicles Program aims to reduce greenhouse gas emissions by increasing…more

Automotive Industry, CARB, Department of Ecology, Greenhouse Gas Emissions, Zero-Emission Vehicles

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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

Washington Department of Ecology to Update to Organic Materials Management Rules to Reduce Potential Feedstock Contamination

The Washington Department of Ecology is undertaking a rulemaking process to update its organic materials management regulations to include permitting requirements for facilities that manage and process organic materials. The…more

Agricultural Sector, Contamination, Department of Ecology, Waste Management

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Jack Zietman

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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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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