Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
6/4/2024
/ Administrative Procedure Act ,
Air Pollution ,
Boiler MACT Rule ,
Brownfield Properties ,
Certification Requirements ,
Clean Water Act ,
Coastal Real Estate ,
Department of Environmental Quality ,
Energy Sector ,
Environmental Policies ,
Health and Safety ,
Infrastructure ,
New Legislation ,
Permits ,
Public Health ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Sackett v EPA ,
State Budgets ,
Toxic Chemicals ,
Wastewater ,
Wetlands
The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and mitigation of vapor intrusion (VI) at properties undergoing reuse and redevelopment (Draft...more
North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation -
The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more
6/30/2023
/ Department of Environmental Quality ,
Environmental Protection Agency (EPA) ,
Guidance Update ,
Industrial Storm Water Permit ,
Multidistrict Litigation ,
PFAS ,
Proposed Amendments ,
Storm Water ,
Stormwater Discharge Permits ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Wastewater
EPA’s Proposed Rule -
Wilmington, North Carolina was the setting for EPA Administrator Michael Regan’s announcement of a new regulatory proposal for so-called “forever chemicals” under the Safe Drinking Water Act...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching -
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
4/4/2023
/ Air Quality Standards ,
CERCLA ,
Clean Air Act ,
Department of Justice (DOJ) ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Executive Orders ,
Final Rules ,
Hazardous Substances ,
NAAQS ,
NESHAP ,
Ozone ,
PFAS ,
Proposed Rules ,
RCRA ,
Rulemaking Process ,
Safe Drinking Water Act
EPA is proposing to add per- and polyfluoroalkyl substances (“PFAS”) subject to reporting under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) and the Pollution Prevention Act (“PPA”) pursuant to the...more
EPA Proposes to Expand TRI Reporting Requirements for PFAS and Other Chemicals of Special Concern -
EPA is proposing to add per- and polyfluoroalkyl substances (“PFAS”) subject to reporting under the Emergency Planning...more
Settlement agreements regarding payments to non-governmental third parties were sharply curtailed by the Trump administration. A recent DOJ policy and rulemaking restores the authority for DOJ to enter into settlements...more
EPA recently finalized rules under the Clean Air Act (CAA) establishing federal greenhouse gas (GHG) emissions standards for passenger cars and light trucks for Model Years (MY) 2023 through 2026. The standards are designed...more
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions -
EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more
1/21/2022
/ ASTM ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Motor Vehicles ,
PFAS ,
RCRA ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
A regulation adopted by the Department of Justice (“DOJ”) late in the Trump administration prohibiting settlement payments to third parties continues to be an impediment to possible environmental justice consent decrees in...more
7/26/2021
/ Administrative Procedure Act ,
Biden Administration ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Mitigation ,
Notice and Comment ,
Restitution ,
Settlement ,
Third-Party ,
Trump Administration
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more
7/23/2021
/ Air Pollution ,
Air Quality Standards ,
Biden Administration ,
Boiler MACT Rule ,
Climate Change ,
Coastal Real Estate ,
Comment Period ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Hazardous Substances ,
Permits ,
Property Owners ,
Rising Sea Levels ,
Sea Levels ,
Trump Administration ,
Wetlands
Much attention has been devoted to environmental policies of the prior Trump administration that are likely to be reversed or altered by the new Biden administration. See, e.g., Biden Administration Could Quickly Adopt Many...more
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
On January 27, 2021, President Biden signed an Executive Order (EO) on Tackling the Climate Crisis at Home and Abroad. The order begins by noting that...more
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
10/28/2020
/ Administrative Procedure Act ,
Boiler MACT Rule ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Testing ,
General Elections ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Regulatory Agenda
Section 112 of the federal Clean Air Act (CAA) requires major sources of hazardous air pollutants (HAPs) to, among other things, control emissions using the maximum achievable control technology (MACT). A major source is a...more