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EPA Issues the First-Ever National Drinking Water Standard for PFAS

On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

EPA Finalizes New Emission Standards for Heavy-Duty Vehicles

The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more

New York Legislators Consider Sweeping Bill Banning PFAS

With Assembly Bill A3556C, New York joins a growing list of states considering or enacting broad bans on the sale and distribution of products containing per- and polyfluoroalkyl substances ("PFAS")....more

EPA Announces New Stringent Emissions Standards for the Auto Industry

The U.S. Environmental Protection Agency ("EPA") announced new stringent emissions standards for automobiles, which the Biden administration has deemed the "strongest-ever vehicle pollution standards" in U.S. history....more

Young Americans See Promising Path for Future Climate Litigation

For half a century, young people in the United States have played an active role in ongoing efforts to address climate change. Moving into 2024, young climate litigants find themselves in a promising position: They recently...more

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

EPA's PFAS Reporting Rule Requires Broad Retroactive Disclosure of PFAS Data

The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more

In Keeping With Global Trend, Youths Continue to Advance Climate Litigation in the United States in 2023

On August 14, 2023, a Montana state court issued a first-of-its-kind judgment in the United States in favor of young plaintiffs in climate litigation. The action Held v. Montana featured 16 youth plaintiffs alleging that...more

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

D.C. Circuit Vacates Part of the EPA's HFCs Phasedown Rule

On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more

The Climate Report | Second Quarter 2023

"Green Day" in the UK - As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more

What's Old Is New Again: Anticipating and Defeating Insurer Coverage "Defenses" for Climate Change Litigation

In Short - The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more

EPA Proposes Stricter Mercury and Air Toxics Standards for Power Plants

The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more

EPA Proposes Standards to Limit Certain PFAS Substances in Drinking Water

On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act. The United States Environmental Protection Agency...more

Fourth Circuit Denies Appeal of Trump-Era Changes to NEPA; CEQ Issues Interim Guidance on Analyzing Climate Change Effects in...

In December 2022, the United States Court of Appeals for the Fourth Circuit denied an appeal by environmental groups to revive their challenge to the 2020 amendments to the Council on Environmental Quality's ("CEQ") National...more

EPA and Army Corps Promulgate New Expansive Definition of Waters of the United States

In Short - The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more

Biden Administration Takes Early Action on Climate Change

In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address climate change. These steps are contained in a January 20, 2021, executive order (the "Day One Order"), a January...more

EPA's Proposed SNUR on LCPFAC Surface Coatings - A proposed rule would require prior Environmental Protection Agency approval...

On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more

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