On October 18, 2023, the United States Environmental Protection Agency (“EPA”) issued a rule to modify the reporting requirements for PFAS under the Toxics Release Inventory (“TRI”) program. Specifically, the EPA is...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more
10/6/2023
/ Commercial Use ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Imports ,
Look-Back Measurement Period ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more
On May 25, 2023, the United States Supreme Court issued its long-awaited opinion in Sackett v. U.S. Environmental Protection Agency, diving back into a decades-long debate over the definition of “waters of the United States”...more
6/6/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Real Estate Development ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, eleven states have enacted laws concerning PFAS substances in food containers and packaging...more
EPA has spent the last several years working on listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and...more
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more
On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more
“Decarbonization” and “Electrification” are the buzzwords floating around Illinois following Governor Pritzker’s signing of the Climate and Equitable Jobs Act (the “Act”) on September 15, 2021. As the largest and most...more
10/15/2021
/ Climate Action Plan ,
Climate Change ,
Coal-Fired Plants ,
Economic Development ,
Energy Market ,
Energy Projects ,
Energy Storage ,
Fossil Fuel ,
Governor Pritzker ,
Greenhouse Gas Emissions ,
Incentives ,
Public Projects ,
Renewable Energy ,
Renewable Energy Incentives
On June 10, 2021, the federal Occupational Safety and Health Administration (“OSHA”) released its long anticipated COVID-19 Healthcare Emergency Temporary Standard (“ETS”) and an updated COVID-19 guidance (“Guidance”)....more
6/28/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Executive Orders ,
General Duty Clause ,
Guidance Update ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Safety Precautions ,
Vaccinations ,
Workplace Safety
As part of President Biden’s first executive actions, on January 21, 2021, the president ordered the federal Occupational Safety and Health Administration (“OSHA”) to issue new science-based guidance to protect workers and...more
2/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
OSHA ,
Personal Protective Equipment ,
Risk Assessment ,
Risk Mitigation ,
Vaccinations ,
Workplace Hazards ,
Workplace Safety
As state and local governments begin to ease restrictions on businesses and increasingly look to “reopen” economic activity, employers are evaluating how to safely return employees to the workplace. This preparation must...more
The federal Occupational Safety and Health Act and its implementing regulations require employers to record certain work-related injuries and illnesses. Due to the prevalence of community transmission of COVID-19, deciding...more
In the United States, COVID-19 has presented unique challenges to continuous environmental compliance at many facilities, particularly in jurisdictions where emergency orders prohibit most employees from even entering the...more
PFAS are currently the subject of significant regulatory action, research, litigation, and public debate based on recent reports which claim that two PFAS, Perfluorooctanoic Acid (“PFOA”) and Perfluorooctane Sulfonate...more
PFAS are currently the subject of significant regulatory action, research, litigation, and public debate based on recent reports which claim that two PFAS, Perfluorooctanoic Acid (“PFOA”) and Perfluorooctane Sulfonate...more
California is currently experiencing record-breaking heat waves and an increased number of active wildfire incidents. California OSHA (CAL OSHA) has determined that this poses a serious threat to the safety of outdoor workers...more
On April 3, 2018, pursuant to the Future Energy Jobs Act (“FEJA”), the Illinois Commerce Commission (“ICC”) issued an Order adopting and modifying the draft Long-Term Renewable Resources Procurement Plan (“LTRRP”) submitted...more
On March 21, the Illinois Commerce Commission (“ICC”) publicly approved certain results from the Illinois Power Agency’s (“IPA”) Spring 2018 First Procurement of solar Renewable Energy Credits (“RECs”) from utility-scale...more
President Trump has imposed a tariff-rate quota (TRQ) on imported solar cells and a tariff on imported solar modules, both effective February 7, 2018. Imports into the U.S. of Crystalline Silicon (c-Si) Photovoltaic (CSPV)...more
On November 13, 2017, the U.S. International Trade Commission (ITC) sent President Trump its formal report on its “Global Safeguard” investigation into imports of Crystalline Silicon Photovoltaic (CSPV) cells (whether or not...more
On October 31, 2017, the U.S. International Trade Commission (ITC) voted on “Global Safeguard” import remedies regarding Crystalline Silicon Photovoltaic (CSPV) cells (see International Regulatory Bulletin (IRB) No. 565). A...more