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Environmental Policies New Rules

White & Case LLP

Time to get to know your supply chain: EU adopts Corporate Sustainability Due Diligence Directive

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After a two-and-half-year legislative journey, the EU's Corporate Sustainability Due Diligence Directive ("CSDDD"), has been formally adopted, and was published in the EU Official Journal on 5 July 2024.1 It will come into...more

A&O Shearman

EPA takes sweeping action on PFAS in 2024

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The U.S. Environmental Protection Agency (EPA) recently took two significant actions on per- and polyfluoroalkyl substances (PFAS). First, it issued final National Primary Drinking Water Regulations (NPDWR) for six PFAS...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Mayer Brown

New Legislative Rules Seek to Improve Brazilian Biodiversity

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The biodiversity matter has been on the agenda of the Federal Government and, recently, four biodiversity-related legislation were published in the Official Gazette: Federal Decree No. 12,017/2024; and Resolutions No....more

Troutman Pepper

States Sue the EPA Over New Emissions Rule

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A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more

White & Case LLP

US EPA lists two PFAS aka “forever chemicals” as Hazardous Substances under CERCLA

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On April 19, 2024, the US Environmental Protection Agency (“US EPA”) announced its final rule designating two per- and polyfluoroalkyl substances (“PFAS”), namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Lippes Mathias LLP

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

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On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

Jenner & Block

EPA Issues Stringent Emissions Standards for Light- and Medium-Duty Vehicles

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On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of...more

Jones Day

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

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On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

Nossaman LLP

Interior Issues New NRDAR Type A Rule for Comment

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On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR)...more

Troutman Pepper

EPA Withdraws Cybersecurity Rule for Public Water Systems

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The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more

Dickinson Wright

Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

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On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more

Jenner & Block

New EPA Rule Removes Emergency Defense Waiver in Title V Air Permits

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On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more

Sheppard Mullin Richter & Hampton LLP

NEPA Amendments Aim to Streamline Environmental Review but Largely Codify the Status Quo

Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the...more

Goldberg Segalla

EPA Revises National Contingency Plan to Assist with Oil Spill Responses

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In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from...more

Troutman Pepper

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA

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As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more

Goldberg Segalla

No Resolution in Sight for WOTUS Definition

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The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Sheppard Mullin Richter & Hampton LLP

EPA Endorses New Standard for Phase I Environmental Site Assessments

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I...more

Sheppard Mullin Richter & Hampton LLP

2022 CEQA Legislative Recap

In response to developers’ continued cry for meaningful reform, changes to or exemptions from the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA) are often included in numerous bills during any...more

Morgan Lewis - Power & Pipes

California Hits the Brakes on New Gas-Fueled Vehicles

The California Air Resources Board (CARB) voted on August 25, 2022, to approve the Advanced Clean Cars II rule that prohibits the sale of new gasoline-fueled cars by 2035. The rule sets forth a plan whereby automakers must...more

Sheppard Mullin Richter & Hampton LLP

Biden Revisions to the NEPA Regulations Now in Effect

The Biden Administration is amending the federal regulations for implementing the National Environmental Policy Act (NEPA) to reverse certain changes made by the Trump Administration. The first set of amendments took effect...more

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

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On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

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