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EPA Proposes Rules to Expand its PFAS Authority Under RCRA

On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

Moves Made Toward a New Sustainability Reporting System in Europe: The Corporate Sustainability Reporting Directive

On November 28, 2022, the Council of the European Union (“EU”) approved the Corporate Sustainability Reporting Directive (“CSRD”), following adoption of the CSRD by the EU Parliament on November 10, 2022 — a major move toward...more

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

EPA Proposes to Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA: Quick Answers to Top Questions

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more

Net Zero Banking Alliance at One Year: Impactful or Uneventful?

The Net Zero Banking Alliance (“NZBA” or the “Alliance”) is a recent private sector collaboration convened with United Nations support. The Alliance was created in April of 2021 with the intention of supporting its members’...more

EPA Announces Plans To Strengthen Environmental Justice Efforts Regarding Waste And Superfund

For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more

Navigating The Transition: Key Chemicals Industry Issues To Watch In The Biden Administration

While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Partnership For Carbon Accounting Financials Publishes Draft Global Carbon Accounting Standard

On August 3, 2020, the Partnership for Carbon Accounting Financials (“PCAF”) released a draft standard outlining a proposed approach for global carbon accounting. This standard, the “Global Carbon Accounting Standard for the...more

Three Years Into TCFD’s Final Recommendations: Lessons From Implementation In The Financial Sector

The Task Force for Climate-Related Financial Disclosures (“TCFD” or the “Task Force”) was established by the G-20 Financial Stability Board in 2015 to encourage the disclosure of consistent climate-related financial...more

PACTA Tool Paves The Way Towards Alignment With Paris Agreement Goals

In 2018, the 2° Investing Initiative (“2DII”) — an international, non-profit think tank working to align financial markets and regulations with the Paris Agreement’s goal of keeping global temperature rise this century well...more

EU Sustainable Finance Taxonomy: Will Categorization Bring Clarity?

The European Union Taxonomy Regulation (the “Taxonomy”) entered into force on July 12, 2020, as part of the European Commission’s (the “Commission”) broader action plan on sustainable finance initiated in March 2018...more

The Poseidon Principles: Shipping Emissions Reduction Efforts Steer Into New Waters

In June 2018, the International Maritime Organization (“IMO”) announced the adoption of an initial strategy to reduce total greenhouse gas (“GHG”) emissions attributable to the international shipping sector by at least 50% by...more

Justices Find That The Clean Water Act Applies To Pollutants Passing Through Groundwater

On April 23, 2020, the U.S. Supreme Court (“Supreme Court”) decided County of Maui, Hawaii v. Hawaii Wildlife Fund et al., holding in a 6-3 opinion that a discharge permit is required under the Federal Water Pollution Control...more

Initial Thoughts On Atlantic Richfield Company v. Christian

On April 20, 2020, the Supreme Court of the United States decided Atlantic Richfield Company v. Christian,1 a case addressing the interplay between the Environmental Protection Agency’s authority under the Comprehensive...more

EPA Issues COVID-19 Guidance For Field Work At Cleanup And Emergency Response Sites

On April 10, 2020, the Environmental Protection Agency (“EPA”) Office of Land and Emergency Management released “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (“Guidance”). This memorandum provides...more

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