On June 28, the Supreme Court released its opinion in Loper Bright Enterprises et. al v. Secretary of Commerce (Loper), which regulatory practitioners have been anxiously awaiting to see whether the Court would allow...more
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
4/30/2024
/ Air Pollution ,
Biden Administration ,
Climate Action Plan ,
Climate Change ,
Coal Industry ,
Electric Generation Suppliers ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
NESHAP ,
Oil & Gas ,
Pollution Control ,
Regulatory Reform ,
Wastewater
On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released its final “PFAS National Primary Drinking Water Regulation Rulemaking” (the Rule). This marks the first time the EPA has set enforceable limits for...more
The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA issued pre-publication...more
The Supreme Court clarified the scope of the Waters of the United States (WOTUS) rule in a long-awaited decision regarding which wetlands are subject to Section 404 of the Clean Water Act (CWA). Declining to exercise...more
5/31/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On Tuesday, the U.S. Environmental Protection Agency (EPA) proposed the first-ever federally enforceable regulatory limits on per- and poly-flouroalkyl substances, or PFAS, in drinking water. The agency plans to finalize the...more
This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more
1/20/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Inflation Reduction Act (IRA) ,
NEPA ,
PFAS ,
Public Health ,
Renewable Energy ,
Tax Credits
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more
1/13/2023
/ Biden Administration ,
CEQ ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Guidance ,
Oil & Gas ,
Renewable Energy
A new Missouri Missouri Western District Court of Appeals opinion demonstrates that the Missouri Public Service Commission has broad authority to lower utility costs to encourage development. Members of the development...more
This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more
12/14/2022
/ CERCLA ,
Clean Water Act ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
NPDES ,
PFAS ,
Public Health ,
Toxic Chemicals
The U.S. Environmental Protection Agency (EPA) and the state of Missouri are escalating initiatives to reduce lead exposure across the nation, focusing on schools and environmental justice communities. The agencies'...more
10/26/2022
/ Contaminated Properties ,
Enforcement Priorities ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Lead Poisoning ,
Pollution Control ,
Public Health ,
Regulatory Agenda ,
Regulatory Requirements ,
Superfund
Following the goals outlined in the PFAS Blueprint (published in 2021), the Minnesota Pollution Control Agency (MPCA) published a plan to gather data on the presence of per- and polyfluoroalkyl substances (PFAS) in Minnesota....more
10/5/2022
/ Discharge of Pollutants ,
Environmental Policies ,
Hazardous Substances ,
Industrial Discharges ,
Industrial Sector ,
Infrastructure ,
NAICS ,
PFAS ,
Pollution Control ,
Public Health ,
Strategic Enforcement Plan ,
Toxic Exposure ,
Waste Management
A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S....more
10/4/2022
/ Air Pollution ,
Aircraft ,
Aviation Industry ,
Biden Administration ,
Biofuel ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Fossil Fuel ,
Infrastructure ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform
On August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of its long-awaited proposed rule to add the two most well-known and well-studied PFAS compounds—perflourooctanoic acid (PFOA)...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
7/7/2022
/ Air Pollution ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more
Recent action at the state and federal levels indicates more regulatory controls for phosphorous and nitrogen are coming soon. -
The U.S. Environmental Protection Agency (EPA) issued a Nutrient Reduction Memorandum...more
On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more
12/13/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more
10/21/2021
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Department of Defense (DOD) ,
Discharge of Pollutants ,
Drinking Water ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure
Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more
9/30/2021
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Natural Resources ,
Navigable Waters ,
Permits ,
Point Sources ,
SCOTUS ,
Waters of the United States
On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more
9/13/2021
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturing Facilities ,
Meat Processing Plants ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Wastewater ,
Water Pollution
Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more
Since the COVID-19 pandemic, federal, state and local agencies have adapted their procedures to both working remotely and allowing certain flexibilities for companies if specific efforts are made. ...more