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Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

Wetlands No More? U.S. Supreme Court Limits Federal Regulation of Wetlands in Sackett v. EPA Decision

On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more

PFAS Watch: Proposed New Drinking Water Limits and Likely Impacts

EPA is proposing nationally uniform and federally enforceable limits on six per- and polyfluoroalkyl substances (PFAS) in drinking water for the first time. This marks a key milestone in EPA's PFAS roadmap and establishes an...more

Army Corps Changes Course: CWA Jurisdictional Determinations May Require a New Look

In a move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more

When it Rains, It Pours: Proposed Texas Commission on Environmental Quality Rule Could Make Compliance Harder After a Catastrophe

On December 15, 2021, the Texas Commission on Environmental Quality (TCEQ) proposed sweeping changes in response to several high profile emergency incidents that occurred at industrial facilities in the past few years. TCEQ...more

The Biden Administration Proposes New Rule to Dramatically Cut Methane Emissions in the Oil and Gas Sector

Last week, as world leaders met at the United Nations Climate Change Conference (COP26) in Glasgow, Scotland, the U.S. Environmental Protection Agency (“EPA”), issued a proposed rule under the Clean Air Act (“CAA”) designed...more

Incoming Impacts to Industry: EPA Announces PFAS Strategic Roadmap

On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “PFAS Roadmap”). This widely anticipated plan further expands EPA’s...more

Sea Change: Biden Administration Halts Trump-Era Regulation and Expands Clean Water Act Protections

The scope of the Clean Water Act is yet again in flux. In January 2020, the Trump Administration meaningfully restricted what bodies of water are protected under the Clean Water Act by narrowing the Act’s definition of...more

“Where’s the PFAS?” EPA Expands Search for PFAS in the Marketplace

On June 10, 2021, pursuant to Section 8(a) of the Toxic Substances Control Act (“TSCA”), the U.S. EPA proposed a rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to report information...more

An End to Draining the Swamp? U.S. EPA, Army Corps Announces Intent to Revise Definition of “Waters of the United States”

Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more

PBT Regulations Update - No Action Assurance for PIP (3:1) Articles and New Request for Comments

After a recent flurry of concerns over the potential for widespread supply-chain interruptions, the United States Environmental Protection Agency (“EPA”) issued a 180-day No Action Assurance (NAA) regarding the new...more

Texas Commission on Environmental Quality Proposes Major Revision of Statewide Penalty Policy

Texas companies may soon see increasing penalties for noncompliance with Texas environmental laws. On September 30, 2020, the Texas Commission on Environmental Quality (TCEQ) announced significant proposed changes to the...more

Updated TSCA Inventory: What You Need to Know Now to Avoid Business Disruption*

In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TSCA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the...more

Updated TSCA Inventory: What You Need to Know Now to Avoid Business Disruption

In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TCSA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the...more

Oilfield Operators Take Note: EPA Held Public Hearing on Proposed Methane Rule That Would Relax Your Vapor Monitoring Deadlines...

Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more

Oilfield Operators Take Note: EPA is Poised to Relax Your Vapor Monitoring Deadlines and Streamline Your Bureaucratic Layers

Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more

New Backup Generator Rule Expands Usage Exemption but Faces Challenge

Backup generators used in a broad range of industries, including medical, agriculture, and oil and gas production facilities, are now subject to new emission standards. New EPA regulations for reciprocating internal...more

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