Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York.
The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...more
On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The New York State Department of Environmental Conservation recently issued a final policy titled Permitting and Disadvantaged Communities under the Climate Leadership and Community Protection Act, DEP-24-1. The policy...more
On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more
4/23/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Water Quality
On April 10, 2024, EPA issued the first-ever national, legally enforceable drinking water standard for five individual per-and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (so-called, “GenX chemicals.”)...more
The New York State Department of Environmental Conservation (NYSDEC) recently issued an Advanced Notice of Proposed Rule Making (ANPR) seeking written input on the development of updated Freshwater Mapping and Classification...more
MS4 Operators are required to develop stormwater management programs aimed at reducing the discharge of pollutants affecting water quality under the final SPDES General Permit issued by the New York State Department of...more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more
11/15/2023
/ Breach of Warranty ,
Cause of Action Accrual ,
Class Action ,
Consumer Fraud ,
Contamination ,
False Advertising ,
PFAS ,
Primary Jurisdiction Doctrine ,
Standing ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
TCSA-Based Requirement Covers Manufactured and Imported Items -
The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring reporting of historic...more
Four months after the U.S. Environmental Protection Agency (EPA) proposed federal drinking water limits on “forever chemicals,” Harris Beach continues to monitor for a final resolution to the proposed regulations.
A...more
Holding that New Hampshire does not recognize medical monitoring claims for the mere exposure to a toxic substance, New Hampshire’s Supreme Court ruled in favor of a plastics manufacturing plant alleged to have released...more
Per- and polyfluoroalkyl substances, commonly known as PFAS, are a family of man-made chemicals manufactured since the 1940s for their stain, water and oil-resisting properties. These so-called “forever chemicals” have been...more
On March 24, 2023, New York Governor Kathy Hochul signed a bill prohibiting the sale of apparel containing “intentionally added” per- and polyfluoroalkyl substances (PFAS) in clothing apparel starting on January 1, 2025....more
The Environmental Protection Agency has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States.
Regulation of PFAS raises many complicated and difficult issues, as...more
The U.S. Army Corps of Engineers (“Corps”) and the U.S. Environmental Protection Agency (“EPA”) have adopted a final rule re-defining the scope of the “waters of the United States” (“WOTUS Final Rule”) subject to federal...more
In response to the Environmental Protection Agency’s (EPA) proposed designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), including their salts and structural isomers, as Hazardous Substances...more
ASTM E1527-21 to Replace ASTM E1527-13 -
On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more
The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more
On December 5, 2022, the Environmental Protection Agency (EPA) proposed adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the...more
The Inflation Reduction Act of 2022 (the “IRA”), signed by President Biden into law on August 16, promises to further invigorate an already booming sector of the economy – the renewables industry and energy transition sector....more
9/2/2022
/ Biden Administration ,
Department of Energy (DOE) ,
Energy Sector ,
Energy Tax Incentives ,
Environmental Justice ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Wind Power
From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroalkyl substances) has forced companies and attorneys to pay attention to prospective...more
Lenders need to consider the scope and extent of the Phase I Environmental Site Assessment (“Phase I ESA”) they routinely utilize in connection with the acquisition and financing of real estate projects. The Environmental...more
In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more
The U.S. District Court for the Southern District of New York has dismissed a complaint alleging the defendants contaminated plaintiff’s water systems with per- and polyfluoroalkyl substances (“PFAS”). In a highly detailed...more
In recent years, states have begun investigating the health and environmental effects of PFAS and the class of chemical compounds that have come to be known as “forever chemicals.” This has led states to initiate massive...more