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Environmental Policies Environmental Protection Agency (EPA) Public Comment

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Bergeson & Campbell, P.C.

EPA Releases Draft Updates to Its Scientific Integrity Policy for Public Comment

On January 24, 2024, the U.S. Environmental Protection Agency (EPA) began a 30-day public comment period on the draft updates to its Scientific Integrity Policy (Policy). 89 Fed. Reg. 4606. EPA states that in accordance with...more

Jenner & Block

EPA Proposes Revisions to Lead and Copper Rule

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On December 6, 2023, EPA published a proposal to revise the National Primary Drinking Water Regulation for lead and copper under the Safe Drinking Water Act. The proposal would apply to public water systems, including...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Jenner & Block

Proposed NEPA Revisions Seek to Ingrain Environmental Justice into Permitting Decisions

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The Council on Environmental Quality recently published the “Bipartisan Permitting Reform Implementation Rule,” the second in a two-phase approach to revising National Environmental Policy Act (NEPA) implementation...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

McNees Wallace & Nurick LLC

EPA Proposes New Limitations on Carbon Dioxide Emissions from Electric Generating Units

On May 11, 2023, USEPA announced proposed rules to further limit the emission of carbon dioxide (CO2) from power plants and other electric generating units (EGUs). Industry trade associations assert that these regulations are...more

Troutman Pepper

Another EPA Proposal to Overhaul the Water Quality Standards Program

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EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Holland & Knight LLP

EPA Releases Draft of National Strategy to Prevent Plastic Pollution

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The U.S. Environmental Protection Agency (EPA) Office of Resource Conservation and Recovery (ORCR) released the draft National Strategy to Prevent Plastic Pollution (EPA 530-R-23-006) (Draft Strategy) on April 21, 2023. The...more

Troutman Pepper

EPA Proposes Class VI Primacy Approval for Louisiana

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With little fanfare, EPA has finally proposed to approve Louisiana’s Class VI underground injection control (UIC) well program. The proposal to approve Louisiana’s program comes nearly two years after the state submitted its...more

Miller Nash LLP

EPA Issues Drinking Water Standard for Six PFAS

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On March 14, 2023, the United States Environmental Protection Agency (EPA) issued its proposed PFAS National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act (SDWA) for six PFAS under the Proposed...more

Verrill

PFAS Regulatory Update: Dates You Need to Know

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Public Comment on the Federal Proposed Drinking Water Standards for Six PFAS Compounds - On March 29, 2023, the U.S. Environmental Protection Agency (“EPA”), published in the Federal Register its proposed national drinking...more

Greenberg Glusker LLP

EPA Issues Historic Rules on Drinking Water

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In an unprecedented move, the federal government proposed strict new rules limiting the presence of a class of chemicals known as per- and polyfluoroalkyl substances, or “PFAS,” in the nation’s drinking water – a decision...more

Jenner & Block

How Low Did U.S. EPA Go--U.S. EPA Issues Its Long-Awaited Draft PFAS Drinking Water Standards

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Almost two years to the date after U.S. EPA issued its regulatory determination for contaminants on the forth Contaminant Candidate List, U.S. EPA has issued its draft rule setting drinking water limits for several PFAS...more

MG+M The Law Firm

EPA to Consider PFAS in Next Round of National Enforcement and Compliance Initiatives

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On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments and recommendations on its National Enforcement and Compliance Initiatives (NECI) set to be implemented during its...more

Hogan Lovells

Maine revises draft regulations for PFAS reporting law; triggers reporting for food packaging

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The Maine Department of Environmental Protection (DEP) recently revised its proposed regulations to implement An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (the Act) (38 Maine Revised Statutes (MRS) §...more

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

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The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #2

Allen Matkins on

Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more

WilmerHale

Justice Department Launches Actions to Advance Environmental Justice

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Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more

Akin Gump Strauss Hauer & Feld LLP

A Deeper Dive into CCR Impoundments: EPA’s Long-Awaited Demonstration Determinations

In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more

Williams Mullen

WOTUS, WOTUS, WOTUS...

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

Vinson & Elkins LLP

What You Need to Know: EPA to Propose New Methane Regulations for Oil and Gas Sector

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In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations...more

Fox Rothschild LLP

EPA Takes Two More Steps Down The Long And Winding Road To National Primary Drinking Water Regulations For PFAS

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In the March 3, 2021 Federal Register, EPA issued its final regulatory determinations for substances on the fourth Drinking Water Contaminant Candidate List (“CCL 4”). Under the federal Safe Drinking Water Act, EPA is...more

Sullivan & Worcester

U.S. EPA's Interim Guidance on PFAS Destruction and Disposal Lacks Adequate Precision

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Section 7361 of the National Defense Authorization Act ("NDAA") for Fiscal Year 2020 requires the US Environmental Protection Agency (EPA) to "publish interim guidance on the destruction and disposal of perfluoroalkyl and...more

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