On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Toxic Substances Control Act (TSCA)
On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
5/9/2024
/ CERCLA ,
Contaminated Properties ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Superfund ,
Toxic Chemicals ,
Wastewater
On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day...more
4/23/2024
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Risk Assessment ,
Toxic Chemicals ,
Water Quality
On 7 March 2024, the Illinois Pollution Control Board (Board) proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances (PFAS) compounds at or near...more
On Thursday, 14 December 2023, the US Environmental Protection Agency (EPA) released its Second Annual Progress Report under the 2021 PFAS Strategic Roadmap outlining notable regulatory actions taken on per- and...more
In November 2022, the US Environmental Protection Agency (EPA) published a memo regarding the management of discarded hand sanitizer under the Resource Conservation and Recovery Act (RCRA), which was discussed in a prior...more
During January’s lame-duck session the Illinois General Assembly enacted, and Governor Pritzker signed into law, HB 4412, which requires counties and municipalities to adopt statewide standards for utility-scale solar and...more
When COVID-19 hit, many companies with commercial connections to alcohol wanted to make hand sanitizer. The United States Food and Drug Administration relaxed its regulatory rules and companies began manufacturing a literal...more
Companies using ethylene oxide (EtO) in their operations should be aware of the substantial increase in litigation and regulatory activities surrounding the compound and how those developments may affect their businesses....more
On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Corporate Counsel ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
As COVID-19 mitigation efforts have taken effect across the country, environmental protection agencies are also adjusting operations and policies to accommodate their teleworking staff and to account for impacts to the...more
On March 20, 2020, Governor J.B. Pritzker of Illinois issued an Executive Order (“Order”) requiring Illinois residents to remain in their homes and requiring businesses deemed non-essential to cease operations. The Order...more
New Responsibilities for Non-Hazardous Waste Handlers Hidden in E-Manifest Hazardous Waste Rules -
U.S. Environmental Protection Agency’s (“EPA”) Final Rule on User Fees for Electronic Hazardous Waste Manifest Systems,...more
The Ninth Circuit Court of Appeals recently ruled that California was entitled to pursue its costs for remediating contaminated property from a buyer in a tax sale who took title to the property long after the contamination...more
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision that may be of interest to recyclers and others who generate or handle materials for recycling and reclamation. On July 7, 2017, in American Petroleum...more
Do you manufacture, distribute or sell products such as trash cans, cell phones, computers, furniture, watch bands, uniforms, sportswear, or office supplies that have labels claiming that the products are “antimicrobial” or...more
In a May 22 memo, the Environmental Protection Agency (“EPA”) Administrator Scott Pruitt created a task force to look at ways of streamlining the Superfund program. The task force, to be led by senior advisor Albert Kelly,...more
As mentioned in our Alert of “A WIIN for Water Infrastructure” on the recently signed Water Infrastructure Improvements for the Nation (“WIIN”) Act, Congress included provisions intended to provide national consistency and...more
In a case of first impression, the Ninth Circuit recently ruled that facilities with air emissions that included hazardous substances could not be liable for remediating other properties contaminated by those hazardous...more
This client alert is the second in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes....more