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U.S. Supreme Court Expands Window to Challenge Agency Rules

On July 1, 2024, the Court issued a 6-3 ruling in Corner Post v. Board of Governors of the Federal Reserve System holding that an Administrative Procedures Act (APA) claim does not accrue for the purposes of §2401(a) – the...more

U.S. Supreme Court Overturns Longstanding Chevron Doctrine

On June 28, 2024, the U.S. Supreme Court issued a 6-3 ruling in Loper Bright Enterprises, Inc. v. Raimondo overturning the longstanding administrative law doctrine known as Chevron deference. Chevron deference, which stemmed...more

U.S. Environmental Protection Agency Designates Two PFAS Chemicals as Hazardous Substances Under Superfund

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more

U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant...more

U.S. Department of Treasury Releases Updated ARPA Interim Final Rule

The Consolidated Appropriations Act of FY23 created new American Rescue Plan Act (ARPA) eligibility – to include response to natural disasters, to build critical information, and support community development. On August 10,...more

U.S. Supreme Court Removes Federal Clean Water Act Protections and Permitting Requirements from Most U.S. Wetlands

On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only...more

U.S. Environmental Protection Agency Proposes New Primary Drinking Water Regulations for Six Forever Chemicals

Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA - On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more

EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

Municipalities and Special Districts Could Face Liability As a Result - The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid...more

U.S. Supreme Court Limits EPA’s Climate Change Authority Under the Clean Air Act

The Court’s Decision in West Virginia v. Environmental Protection Agency Opens the Door For Courts to Reconsider and Potentially Erode Chevron Deference - Last Thursday, the U.S. Supreme Court announced a 6-3 decision...more

Environmental Protection Agency Issues New Drinking Water Health Advisories

Advisories Apply to PFOA, PFOS, GenX and PFBS - The Environmental Protection Agency (EPA) released new drinking water health advisories for four of the most common per- and polyfluoroalkyl substances (PFAS)...more

New Guidance on Buy America Requirements for Federally Funded Infrastructure Projects

Federal Agencies Must Ensure Applicable Programs Comply By May 14 - The White House Office of Management and Budget (OMB) has released guidance on the implementation of new Buy America requirements for federally funded...more

U.S. Treasury Releases Final Rule on ARPA Coronavirus State and Local Fiscal Recovery Funds

Final Rule, Considered Victory for Local Governments, Takes Effect in April 2022 - The U.S. Department of Treasury has released the Final Rule governing implementation of the American Rescue Plan Act (ARPA) Coronavirus...more

The New Vaccine Mandate for Federal Contractors

Guidance, Takeaways and Steps Forward for Employers - President Biden recently issued Executive Order No. 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which mandates vaccinations for federal...more

Monumental $1.2 Trillion Bill Passed to Revitalize the Nation’s Infrastructure

Highlights of the Bill President Biden Signed Into Law on Nov. 15 - President Biden has signed into law a historic $1.2 trillion infrastructure bill. The bill contains significant federal investments for roads, bridges,...more

EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits

Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund - The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more

EPA, Army Corps to Apply Pre-2015 Standard for Clean Water Act Jurisdiction

Announcement Follows Federal District Court Decision Vacating Trump Administration Waters of the United States Rule - The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced on September 3 that...more

ARPA Guidance for Municipalities

Six Main Categories for Recipients, Writes Attorneys Ana Schwab, Andre Monette and Gerard Lavery Lederer in PublicCEO - The U.S. Treasury rolled out its Interim Final Rule on Coronavirus State and Local Fiscal Recovery...more

EPA Publishes Instructions for Water Utilities to Obtain Chemicals in Short Supply

Water Agencies Can Obtain Priority to Chlorine and Other Chemicals - Many water utilities face challenges from a nation-wide shortage of chlorine and other chemicals for water and wastewater treatment and are struggling to...more

Treasury Releases ARPA State and Local Recovery Funding Compliance and Reporting Requirements/Deadlines

Guidance Includes Four Key Principles to Know - Today, the U.S. Treasury Department released compliance requirements and reporting deadlines for the Coronavirus State and Local Fiscal Recovery Funds provided by the...more

EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule

Legal Filing Asks Court to Remand 2020 Rule Narrowing Scope of Clean Water Act - The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water...more

Coronavirus State and Local Fiscal Recovery Fund Guidance for NEUs

U.S. Treasury Provides Direction on Distribution to Non-Entitlement Units of Local Government - Yesterday, the U.S. Treasury released additional guidance on the Coronavirus State and Local Fiscal Recovery Fund,...more

U.S. Treasury Releases Guidance on the Coronavirus State and Local Fiscal Recovery Funds

Six Ways the Funds Can be Used - Today, the U.S. Treasury released the Interim Final Rule on the Coronavirus State and Local Fiscal Recovery Funds. The funds were authorized by the American Rescue Plan Act of 2021, which...more

U.S. Treasury Releases New Guidance on the Coronavirus State and Local Fiscal Recovery Fund

Agencies Should Be Aware of Pre-Award Requirements - Yesterday, the U.S. Treasury released new guidance on the certification process for entities that will be receiving a direct payment from the U.S. Treasury under the...more

COVID-19 Relief Package Provides Substantial Aid to States, Counties and Cities

$1.9 Trillion COVID-19 Federal Relief Package – American Rescue Plan Act - Today, President Biden signed into law a $1.9 trillion COVID-19 relief package, the American Rescue Plan of 2021, aimed to provide financial relief...more

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more

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