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California Announces First Statewide Microplastics Strategy

Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws. California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more

TCEQ Proposes Important Changes to Its Compliance History Rules

The Texas Commission on Environmental Quality (TCEQ) has proposed changes to compliance history rules that would authorize the Executive Director to unilaterally “reclassify” a facility’s compliance history in the wake of an...more

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

Houston, the "Energy Capital of the World," Positions to be the "Energy Transition Capital"

The Greater Houston Partnership’s new Energy Transition Strategy report makes an economic case that the Houston region is poised to lead the energy transition, articulating an industry-driven vision that builds on the City of...more

FDA Regulatory Approvals as the U.S. Emerges from the Immediate COVID-19 Emergency

Emergency Use Authorizations will play a role as the pandemic eases, but a transition to ordinary course approvals is underway. As long as the COVID-related emergency is deemed to exist, fast-tracked FDA regulatory...more

Regulatory Overview on PFAS in the United States

PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more

Board Members and the “E” in Environmental, Social and Governance

The importance of environmental stewardship as a reflection of good corporate governance. Corporate boards should partner with management to ensure appropriate and regular oversight of environmental issues critical to the...more

Ninth Circuit Declines to Reinstate Streamlined Water Permitting Process for New Pipelines

Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters. Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more

EPA’s Latest COVID-19 Guidance Addresses Field Work at Superfund Sites but Leaves Unaddressed Compliance Challenges for the...

Pandemic-related work stoppages and delays are affecting both field and non-field work at Superfund sites. COVID-19 is impacting Superfund site investigations and response activities. ...more

Supreme Court Affirms the Rights of States to Adjudicate State Law Claims Associated with Federal Superfund Sites

In landmark Arco decision, the U.S. Supreme Court held that state courts have jurisdiction to hear state law claims that involve sites with ongoing federal cleanup actions. CERCLA does not strip state courts of...more

Corporate Apologies: Balancing Crisis Management, Liability Defense and Insurance Recovery Considerations

It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or...more

Your Corporate Crisis Covered: 4 Best Practices from a Policyholder Perspective 

A corporate crisis is an event that has the potential to cause material harm to a company’s reputation or bottom line. Typically, these crises have a potential liability element, whether because of negligence, oversight,...more

BSEE Decommission-in-Place Discussions Present Opportunity

The Department of Interior’s Bureau of Safety and Environmental Enforcement is soliciting comments on whether and under what circumstances it should allow decommissioning-in-place of pipeline-related infrastructure in...more

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