New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more
On July 1, 2024, the Court issued a 6-3 ruling in Corner Post v. Board of Governors of the Federal Reserve System holding that an Administrative Procedures Act (APA) claim does not accrue for the purposes of §2401(a) – the...more
On June 28, 2024, the U.S. Supreme Court issued a 6-3 ruling in Loper Bright Enterprises, Inc. v. Raimondo overturning the longstanding administrative law doctrine known as Chevron deference. Chevron deference, which stemmed...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more
4/22/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
National Priorities List (NPL) ,
New Regulations ,
PFAS ,
Proposed Rules ,
RCRA ,
Reporting Requirements ,
Superfund
The Consolidated Appropriations Act of FY23 created new American Rescue Plan Act (ARPA) eligibility – to include response to natural disasters, to build critical information, and support community development. On August 10,...more
On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only...more
Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA -
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more
3/16/2023
/ California ,
CERCLA ,
Chemicals ,
Comment Period ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
PFAS ,
Proposed Regulation ,
Public Health
Municipalities and Special Districts Could Face Liability As a Result -
The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid...more
The Court’s Decision in West Virginia v. Environmental Protection Agency Opens the Door For Courts to Reconsider and Potentially Erode Chevron Deference -
Last Thursday, the U.S. Supreme Court announced a 6-3 decision...more
Advisories Apply to PFOA, PFOS, GenX and PFBS -
The Environmental Protection Agency (EPA) released new drinking water health advisories for four of the most common per- and polyfluoroalkyl substances (PFAS)...more
Final Rule, Considered Victory for Local Governments, Takes Effect in April 2022 -
The U.S. Department of Treasury has released the Final Rule governing implementation of the American Rescue Plan Act (ARPA) Coronavirus...more
Highlights of the Bill President Biden Signed Into Law on Nov. 15 -
President Biden has signed into law a historic $1.2 trillion infrastructure bill. The bill contains significant federal investments for roads, bridges,...more
11/18/2021
/ Airports ,
Biden Administration ,
Bridges ,
Broadband ,
Electric Vehicles ,
Infrastructure ,
Power Grid ,
Public Transit ,
Railways ,
Roads ,
Water
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund -
The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more
Announcement Follows Federal District Court Decision Vacating Trump Administration Waters of the United States Rule -
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced on September 3 that...more
Six Main Categories for Recipients, Writes Attorneys Ana Schwab, Andre Monette and Gerard Lavery Lederer in PublicCEO -
The U.S. Treasury rolled out its Interim Final Rule on Coronavirus State and Local Fiscal Recovery...more
A South Carolina federal judge issued an order late last week allowing the Navigable Waters Protection Rule, the Trump administration’s “waters of the United States” rule, to remain in place while the U.S. Environmental...more
Water Agencies Can Obtain Priority to Chlorine and Other Chemicals -
Many water utilities face challenges from a nation-wide shortage of chlorine and other chemicals for water and wastewater treatment and are struggling to...more
Guidance Includes Four Key Principles to Know -
Today, the U.S. Treasury Department released compliance requirements and reporting deadlines for the Coronavirus State and Local Fiscal Recovery Funds provided by the...more
Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act -
The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water...more
U.S. Treasury Provides Direction on Distribution to Non-Entitlement Units of Local Government -
Yesterday, the U.S. Treasury released additional guidance on the Coronavirus State and Local Fiscal Recovery Fund,...more
Six Ways the Funds Can be Used -
Today, the U.S. Treasury released the Interim Final Rule on the Coronavirus State and Local Fiscal Recovery Funds. The funds were authorized by the American Rescue Plan Act of 2021, which...more
$1.9 Trillion COVID-19 Federal Relief Package – American Rescue Plan Act -
Today, President Biden signed into law a $1.9 trillion COVID-19 relief package, the American Rescue Plan of 2021, aimed to provide financial relief...more
Clarity Provided for New “Functional Equivalent” Test -
Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more
12/11/2020
/ Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications -
The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States