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EPA Pumps the PFAS Brakes by Postponing the Reporting Deadline for Past PFAS Use in Consumer Products by Eight Months

The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more

EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more

EPA Tightens Grip on Fossil Fuel Power Plants: New Regulations Target Discharges, Emissions, and Disposal Issues

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more

EPA Finalizes National Primary Drinking Water Regulation for Six PFAS

On April 10, the US Environmental Protection Agency (EPA) announced its final PFAS drinking water rule, setting new drinking water standards for six per- and polyfluoroalkyl substances (PFAS). ...more

EPA Finalizes Reporting and Recordkeeping Requirements for PFAS

On September 28, the Environmental Protection Agency (EPA) posted a final rule that will require any entity that has manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since 2011 to report...more

The Generative AI Revolution: Key Impacts to the Environmental & Energy Sectors

Generative artificial intelligence (AI) is transforming the way we live and work. At its core, AI is the ability of machines to think and learn without encoded commands, mimicking our own cognition. Within two months of its...more

New Guidance from EPA Finds Spent Li-Ion Batteries Are “Hazardous Waste” Under RCRA

Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand. A growing number of these energy-dense batteries are being manufactured and used in...more

Supreme Court Issues Decision in Sackett v. EPA Rolling Back Clean Water Act Jurisdiction Over Certain Wetlands

In a closely watched environmental Clean Water Act (CWA) case, the US Supreme Court adopted a far narrower construction of CWA’s definition of “waters of the United States,” functionally shifting significant authority over...more

Four Administrative Law Takeaways from the DC Circuit’s Recent Perchlorate Decision

Crafting environmental regulations often takes time and substantive knowledge about complex technical and policy issues. Below, we draw some key administrative law takeaways from the DC Circuit’s May 9 decision in National...more

Ninth Circuit Rejects Berkeley, California Ban on Natural Gas Hookups in New Construction

The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA). Some background. Many regulators and...more

Ten Environmental and Energy Issues to Watch in 2023

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Minimizing Risks to Permitting and Compliance Associated with Increased Focus on Environmental Justice

Securing environmental permits is often big part of operating a business. How the US Environmental Protection Agency’s (EPA) recent focus on environmental justice (EJ) issues might affect that permitting remains something of...more

EPA Releases Interim FAQs Addressing How Environmental Justice Issues Could Impact Permitting

The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law. With that in mind, US Environmental Protection Agency (EPA) and other...more

EPA Releases Long-Awaited Proposed Rule Designating Certain PFAS as CERCLA Hazardous Substances 

On August 26, the US Environmental Protection Agency (EPA) released a pre-publication version of its proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under...more

EPA Positioned To Release Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the...more

EPA’s New Drinking Water Health Advisories for PFAS Chemicals

Yesterday, US Environmental Protection Agency (EPA) announced far more stringent drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). Under the Safe Drinking Water Act, EPA may publish health...more

DOJ Announces Environmental Justice Office and Focused Enforcement Initiative

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration. The enforcement strategy will “advance environmental justice through...more

Energy and Environmental Considerations in the Metaverse

The tremendous popularity of social networks and advances in virtual reality (VR) and distributed ledger technology are helping to usher in a new technological frontier: an emerging computer-generated universe often called...more

Biden Administration Adopts New Vehicle Fuel Economy Standards

The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil...more

Biden Uses Defense Production Act to Boost Domestic Mining in Support of Large-Capacity Battery Production

On March 31, President Biden designated the production and processing of materials used in large-capacity batteries as essential to the national defense. This presidential designation opens up federal funding to support...more

EPA Restores California’s Clean Air Act Waiver, Allowing the State to Set Its Own Motor Vehicle Emissions Standards

On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California’s Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions...more

EPA Issues Proposed Rule Imposing More Stringent Air Emissions Controls for Lead Acid Battery Manufacturing

Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year. This past Wednesday, U.S. Environmental Protection Agency (EPA) issued a proposed rule in...more

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