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PFAS Hazardous Substances Designation Goes into Effect

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

U.S. Supreme Court Expands Window to Challenge Agency Rules

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

U.S. Supreme Court Overturns Longstanding Chevron Doctrine

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

U.S. Environmental Protection Agency Designates Two PFAS Chemicals as Hazardous Substances Under Superfund

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

U.S. Department of Treasury Releases Updated ARPA Interim Final Rule

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

U.S. Supreme Court Removes Federal Clean Water Act Protections and Permitting Requirements from Most U.S. Wetlands

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

U.S. Environmental Protection Agency Proposes New Primary Drinking Water Regulations for Six Forever Chemicals

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

EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

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

U.S. Supreme Court Limits EPA’s Climate Change Authority Under the Clean Air Act

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

Environmental Protection Agency Issues New Drinking Water Health Advisories

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

U.S. Treasury Releases Final Rule on ARPA Coronavirus State and Local Fiscal Recovery Funds

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

Monumental $1.2 Trillion Bill Passed to Revitalize the Nation’s Infrastructure

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

EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits

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

EPA, Army Corps to Apply Pre-2015 Standard for Clean Water Act Jurisdiction

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

ARPA Guidance for Municipalities

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

Court Allows Trump Administration Waters of the U.S. Rule to Remain

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

EPA Publishes Instructions for Water Utilities to Obtain Chemicals in Short Supply

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

Treasury Releases ARPA State and Local Recovery Funding Compliance and Reporting Requirements/Deadlines

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

EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

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

Coronavirus State and Local Fiscal Recovery Fund Guidance for NEUs

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

U.S. Treasury Releases Guidance on the Coronavirus State and Local Fiscal Recovery Funds

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

COVID-19 Relief Package Provides Substantial Aid to States, Counties and Cities

$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

EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

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

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

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

Supreme Court Decision Creates New Standard for Clean Water Act NPDES Permit

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

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