Author Info for Beveridge & Diamond PC

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

See all updates »

Alyse Adamson

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Amber Ahmed

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

See all updates »

James Auslander

Implications of Recent Supreme Court Decisions on Administrative, Environmental and Natural Resources Law

The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Christopher Bolte

DOJ Announces Continued Focus on Curbing White Collar Crime

Deputy Attorney General (DAG) Lisa Monaco recently delivered keynote remarks at the American Bar Association’s 39th National Institute on White Collar Crime. She announced that the Department of Justice (DOJ) would continue to…more

Attorney General, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), White Collar Crimes

See all updates »

Madeleine Boyer

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)

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

Michael Campinell

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to the…more

CERCLA, Chapter 11, Commercial Bankruptcy, Contamination, Hazardous Waste

See all updates »

Ryan Carra

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Public Comment

See all updates »

Eric Christensen

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

See all updates »

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

See all updates »

Jeff Clare

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

Casey Clausen

FWS Issues Streamlined General Permits for Incidental Take of Eagles

On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize incidental…more

Bald and Golden Eagle Protection Act, Energy Projects, Energy Sector, Incidental Take Permits, US Fish and Wildlife Service

See all updates »

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

See all updates »

Nessa Horewitch Coppinger

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

See all updates »

John Cruden

Implications of Recent Supreme Court Decisions on Administrative, Environmental and Natural Resources Law

The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

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 Issues Final Rulemaking on Clean Water Act Hazardous Substance Facility Response Plans

Key Takeaways - • What Is Happening? On March 14, 2024, The U.S. Environmental Protection Agency (EPA) signed a final rule requiring certain facilities to develop Facility Response Plans (FRPs) for a potential worst-case…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Final Rules, Navigable Waters

See all updates »

Robert Denney

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Public Comment

See all updates »

Brook Detterman

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

See all updates »

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

See all updates »

Jacob Duginski

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

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

See all updates »

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

See all updates »

Mark Duvall

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

See all updates »

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

See all updates »

Daniel Eisenberg

DOE Ramping Up General Service Lamp Enforcement

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its “backstop” efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs. After a…more

Department of Energy (DOE), Energy Efficiency, Energy Sector, Final Rules

See all updates »

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

See all updates »

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

See all updates »

David Friedland

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)

See all updates »

Deepti Gage

Canada Amends the Competition Act to Target Greenwashing

Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received…more

Canada, Competition, Competition Act, Environmental Claims, Greenwashing

See all updates »

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

See all updates »

Nicole Garson

2024 Litigation Look Ahead Series: Increased Application of Major Questions Doctrine Could Limit Regulatory Authority

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part one covering the future of Chevron deference here.) In this edition, our litigation team highlights recently decided or pending…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Nuclear Regulatory Commission, Section 404

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Jeanine Grachuk

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

See all updates »

Kirstin Gruver

California to Require Climate Disclosures from Large Companies (Updated)

Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3…more

CARB, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

Paul Hagen

Countries to Resume Negotiations on Global Plastics Pollution Treaty: Outlook for INC-4

Countries are preparing for a new round of negotiations on an ambitious legally binding international treaty to address plastics pollution across the entire life cycle of plastics per the UNEA 5.2 mandate in resolution 5/14. As…more

Environmental Policies, Plastics, Pollution Control, Recycling, Waste Management

See all updates »

Nicholas Hanel

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

Lauren Hopkins

California to Require Climate Disclosures from Large Companies (Updated)

Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3…more

CARB, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

Alexander Horning

New Jersey Adopts EPR for EV and Hybrid Car Batteries

Add electric and hybrid vehicle batteries to the growing list of products subject to extended producer responsibility (EPR) mandates. On January 8, 2024, New Jersey enacted the Electric and Hybrid Vehicle Battery Management Act…more

Automotive Industry, Batteries, Electric Vehicles, Manufacturers

See all updates »

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

See all updates »

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

See all updates »

Elizabeth Johnson

Washington’s Department of Ecology Plans to Ban Formaldehyde Releasers from Cosmetics

Key Takeaways - What Happened: Washington’s Department of Ecology announced a rulemaking to implement the Toxic-Free Cosmetics Act…more

Cosmetics, Manufacturers, PFAS, Toxic Chemicals, Washington

See all updates »

Lauren Karam

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)

See all updates »

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

See all updates »

Eric Klein

Court Rejects EPA’s Narrow Interpretation of a Key RCRA Exemption, Undercutting a National Enforcement Initiative

On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected the…more

Administrative Law Judge (ALJ), Air Pollution, Corporate Counsel, Environmental Protection Agency (EPA), Hazardous Waste

See all updates »

Heidi Knight

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

See all updates »

Daniel Krainin

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

See all updates »

Katrina Krebs

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

See all updates »

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

See all updates »

K. Russell LaMotte

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Public Comment

See all updates »

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

See all updates »

Jayni Lanham

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

See all updates »

Lauren Lankenau

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

See all updates »

Laura LaValle

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

See all updates »

Julia Li

EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Across Three Massachusetts Watersheds

Key Takeaways - • What Is Happening? On September 14, 2022, the U.S. Environmental Protection Agency (EPA) Region 1 exercised its Clean Water Act (CWA) Residual Designation Authority to require National Pollutant Discharge…more

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

See all updates »

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

See all updates »

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

See all updates »

Sharon Mathew

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

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)

See all updates »

Claire McLeod

Environmental Developments to Watch in California in 2024

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks…more

CARB, Chemicals, Environmental Policies, OEHHA, PFAS

See all updates »

Jesse Miles

FWS and NMFS Return to Stricter ESA Rules and Reverse Recent Streamlining Measures

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together the Services) have issued three final rules effective May 6, 2024..…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

See all updates »

W. Parker Moore

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

See all updates »

Megan Morgan

2022 Wrap-Up on ESG Reporting

As 2022 comes to a close, mandatory Environmental, Social, Governance (ESG) reporting in the United States remains the subject of much debate and political scrutiny. The European Union (EU) and other jurisdictions are moving…more

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

See all updates »

Michael Murphy

In a Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims

A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v. State…more

Air Pollution, Greenhouse Gas Emissions, Landfills

See all updates »

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

See all updates »

Katherine O'Keefe

Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater…more

Clean Water Act, Department of Ecology, State and Local Government, Washington

See all updates »

Evynn Overton

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

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

See all updates »

John Paul

Unlocking Electricity Decarbonization? FERC Adopts Transmission Interconnection Reforms

On July 23, 2023, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2023, a “landmark” order, which aims to significantly improve the interconnection of new generation and energy storage projects to the nation’s…more

Electricity, Energy Sector, FERC, Interconnections, Transmission Grid

See all updates »

Timothy Pohle

Canada Amends the Competition Act to Target Greenwashing

Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received…more

Canada, Competition, Competition Act, Environmental Claims, Greenwashing

See all updates »

Graham Pough

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

See all updates »

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

See all updates »

Jonas Reagan

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

See all updates »

Julius Redd

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Bina Reddy

New Plastics Bill Would Place a Moratorium on All Permits for New Plastics Facilities Until Massive Slate of New Environmental Regulations Adopted

The Protecting Communities from Plastics Act (S. 5163/H.R. 9388), introduced late last week by Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal…more

Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Plastics

See all updates »

Patrick Redmond

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for…more

Agricultural Sector, Conservation, Natural Resources Conservation Service (NRCS), USDA

See all updates »

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

See all updates »

Thomas Richichi

D.C. Circuit Stays Litigation over EPA Rescission of California Waiver to Regulate Vehicle Emissions

On February 8, 2021, the D.C. Circuit issued an order granting the Biden administration’s motion to stay litigation over Part 1 of the Trump-era Safer Affordable Fuel Efficient Vehicles (SAFE) Rule. The order was issued in Union…more

Biden Administration, Carbon Emissions, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Zero-Emission Vehicles

See all updates »

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

See all updates »

Joseph Ruggiero

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

See all updates »

Alan Sachs

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for…more

Agricultural Sector, Conservation, Natural Resources Conservation Service (NRCS), USDA

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

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

See all updates »

Kaitlyn Shannon

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

See all updates »

Andrew Silton

EPA Issues Long-Awaited (and Disappointing) Proposed Guidance on Combined Sewer Overflows

The U.S. Environmental Protection Agency (EPA) is soliciting comments on a draft guidance document on approaches to issuing National Pollutant Discharge Elimination System (NPDES) permits for communities that have completed…more

Clean Water Act, Environmental Protection Agency (EPA), NPDES, Pollution Control, Water Pollution

See all updates »

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

See all updates »

Gary Smith

Environmental Developments to Watch in California in 2023

California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change in 2023. Beveridge & Diamond closely tracks…more

Cal-OSHA, CARB, Chemicals, Climate Change, Coronavirus/COVID-19

See all updates »

Stephen Smith

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),…more

Criminal Investigations, Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Investigations

See all updates »

Susan Smith

Implications of Recent Supreme Court Decisions on Administrative, Environmental and Natural Resources Law

The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law practice…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

Erika Spanton

Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater…more

Clean Water Act, Department of Ecology, State and Local Government, Washington

See all updates »

Allyn Stern

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

See all updates »

Timothy J. Sullivan

EPA Proposes Oil and Gas Sector Methane Fee

Key Takeaways - • What Is Happening? On January 12, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to implement the Inflation Reduction Act’s (IRA) Methane Waste Emissions Charge (WEC). The…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, Natural Gas, Oil & Gas

See all updates »

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)

See all updates »

Kathryn Szmuszkovicz

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

See all updates »

Amanda Thompson

EU Cracks Down on Environmental Claims (Updated)

Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The…more

Environmental Claims, EU, Greenhouse Gas Emissions, Marketing

See all updates »

Joshua Van Eaton

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

See all updates »

Michael Vitris

The Fifteenth Court of Appeals: What Texas’s New Appeals Court Means for Environmental Litigation

On June 11, 2024, Texas Governor Greg Abbott announced his inaugural appointments to the new Fifteenth Court of Appeals. The new intermediate court of appeals will take effect on September 1, 2024, and have statewide exclusive…more

Appeals, Enforcement Actions, Environmental Litigation, Railroads, Texas

See all updates »

Nicole Waxman

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

See all updates »

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

See all updates »

David Weber

Ecology to begin Nooksack Water Adjudication in April 2024 (Updated)

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County…more

Department of Ecology, Groundwater, Water, Water Rights

See all updates »

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

See all updates »

Augustus Winkes

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect…more

Contaminated Properties, Hazardous Substances, MTCA, Property Owners, Remedial Actions

See all updates »

Jack Zietman

DOE Ramping Up General Service Lamp Enforcement

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its “backstop” efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs. After a…more

Department of Energy (DOE), Energy Efficiency, Energy Sector, Final Rules

See all updates »

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

See all updates »