News & Analysis as of

Environmental Protection Agency (EPA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

MG+M The Law Firm

The Chevron Ruling Shake Up: US Air Force Avoids PFAS Water Clean Up

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The overturning of the “Chevron Doctrine” is already making waves. The US Air Force is refusing to comply with an EPA clean-up order, claiming federal regulators lack authority. In brief, here is the timeline of events: •...more

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

Brownfield Funding: U.S. Environmental Protection Agency Announces Availability of $232 Million in Grant Funding

The United States Environmental Protection Agency (“EPA”) issued a news release on September 6th, stating it was making available $232 million in grant funding through the federal agency’s Brownfields Assessment, Revolving...more

Alston & Bird

EPA Extends Deadline for PFAS Reporting Under TSCA

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The Environmental Protection Agency (EPA) has extended the deadline for reporting on per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. Our Environment, Land Use & Natural Resources Group...more

Jones Day

Federal PFAS Reporting Deadline Extended as Biden Administration Announces New PFAS Strategic Plan

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The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more

Beveridge & Diamond PC

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

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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...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

Fox Rothschild LLP

EPA Extends TSCA Section 8(a)(7) Reporting Deadline

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On September 5, 2024, the U.S. Environmental Protection Agency (EPA) announced an 8-month extension of EPA’s final reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7)...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

Bergeson & Campbell, P.C.

EPA Reports Issues with Submitting CBI in CDX for CDR Reporting

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period began June 1, 2024, and will...more

Nossaman LLP

EPA Announces $7.5 Billion in Available Loans for Water Infrastructure Projects

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On September 6, 2024, EPA announced $7.5 billion in available loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA). From that total, $6.5 billion is available through WIFIA loans and $1 billion is...more

Harris Beach PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

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This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

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

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

Oberheiden P.C.

Everything You Need to Know About PFAS Lawsuits Over Forever Chemicals

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Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more

ArentFox Schiff

ESG Update: Five Considerations Driving Environmental Regulation (No Matter Who Wins the Election)

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Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Allen Matkins on

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

(ACOEL) | American College of Environmental...

An Alaska-sized land conservation decision that may nonetheless be news to you

In the last week of August, the Biden administration finalized protection of 28 million acres of federal land and water in Alaska that is critical for birds, fish, caribou, and the communities that rely on them. That’s an...more

Holland & Knight LLP

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

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While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

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

Our Nation's Air/Trends Through 2023: U.S. Environmental Protection Agency Annual Report

The United States Environmental Protection Agency (“EPA”) has issued a report titled: Our Nation’s Air: Trends Through 2023 (“Report”). The purpose of the annual Report is to track trends in air quality and emissions...more

Sullivan & Worcester

MEPA Issues Straw Proposals to Update Climate Resiliency and Greenhouse Gas Policies – Comments Due September 16th

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The Massachusetts Environmental Policy Act (MEPA) Office in the Executive Office of Energy and Environmental Affairs (EOEEA) has floated two straw proposals (available here) outlining conceptual frameworks to update the 2021...more

Wiley Rein LLP

EPA Delays Start Date for PFAS Reporting Under TSCA Section 8(a)(7), While Mandatory PFAS Reporting in Canada Is Still Ongoing

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On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule with a parallel proposed rule to delay the reporting period for the October 2023 final rule that...more

Fox Rothschild LLP

Storage Tanks That Contain PFOA And PFOS Must Now Be Registered In Pennsylvania

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The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This...more

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

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

Farella Braun + Martel LLP

EPA Publishes Direct Final Rule Delaying TSCA Section 8(a)(7) PFAS Reporting by Eight Months

On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule...more

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