News & Analysis as of

Environmental Litigation Final Rules

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

Farella Braun + Martel LLP

New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are...more

Ballard Spahr LLP

EPA Mandates Broad PFAS Reporting Under TSCA

Ballard Spahr LLP on

Summary - The Environmental Protection Agency (EPA) recently finalized the Toxic Substances Control Act (TSCA) Reporting Rule for PFAS— its broadest regulation to-date on per- and polyfluoroalkyl substances (PFAS),...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...more

Foley Hoag LLP - Environmental Law

FWS and NOAA Decide That “Habitat” Should Not Be Defined By Regulation: I Hope This Is Good News

This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical...more

Foley Hoag LLP - Environmental Law

The Trump Administration Suffers Yet One More Judicial Defeat; The “Secret Science” Rule Is Vacated

Last month, I noted that the Trump administration had suffered “one final judicial defeat” – the rejection of its Affordable Clean Energy Rule. Of course, I spoke to soon. Last week, Judge Brian Morris rejected EPA’s rule...more

King & Spalding

Climate Change Litigation on the Horizon with Trump Environmental Overhaul

King & Spalding on

On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more

Williams Mullen

The Fate of the CCR Rule “is” Still in Dispute

Williams Mullen on

In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

Foley Hoag LLP - Environmental Law

Prognosticating the Ozone Standard Litigation: EPA to Win, Environmental Petitioners to Place, Murray Energy to Show

Last week, the “Public Health and Environmental Petitioners” challenging EPA’s decision not to reduce the ozone standard below 0.070 ppm filed their “Non-Binding Statement of Issues.” My crystal ball still tells me that the...more

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