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New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

SCOTUS to Consider Meaning of WOTUS in Upcoming Term

In its upcoming term, the US Supreme Court will once again consider the definition of “waters of the United States” (WOTUS), a key term in the Clean Water Act (CWA), and its application to wetlands. The case, Sackett v....more

August 2022 PFAS Update: U.S. EPA's Proposed CERCLA Rule, New Developments, and Consequences of Drinking Water Health Advisories

U.S. EPA Announces Proposed Rule to Designate Certain Compounds as CERCLA Hazardous Substances, New Scientific Developments, and Consequences of U.S. EPA’s Drinking Water Health Advisories...more

The Inflation Reduction Act and Other Climate Measures

The Biden administration has been announcing a new series of actions to address climate change, relying on executive power due to insufficient support in Congress. On July 27, 2022, however, Senators Charles Schumer (D-NY)...more

Chemours Challenges the EPA GenX Drinking Water Health Advisory, with a Surprising Argument: the Nondelegation Doctrine

The Environmental Protection Agency’s new drinking water health advisories for PFAS, released on June 15, 2022, included an advisory level of 10 parts per trillion (ppt) for hexafluoropropylene oxide dimer acid and its...more

PFAS Update July 2022: Lawsuits, Biosolids Regulation, and New Drinking Water Health Advisories

While the federal government still has not comprehensively addressed per- and polyfluoroalkyl substances (PFAS) contamination, important PFAS-related developments have occurred on three fronts recently. As litigation against...more

Biden EPA Develops New Playbook for Addressing PFAS

On October 18, 2021, the US Environmental Protection Agency (EPA) announced its PFAS Strategic Roadmap (Roadmap or Plan), the agency's new approach to comprehensively addressing the threat to public health and the environment...more

Proposed Legislative and Executive Branch Changes to NEPA Process

The procedures associated with the National Environmental Policy Act (NEPA), particularly Environmental Impact Statements (EISs), are undergoing change. On one hand, the Executive Branch under the Biden administration,...more

The Reemergence of the Social Cost of Carbon as an Important Policy Tool in Tackling Climate Change

In January 2021, President Biden signed an executive order "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis." This order provided a clear signal that the Biden administration...more

The Federal Reserve’s Role in Implementing President Biden’s Executive Order on Climate-Related Financial Risk

On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risk. The Executive Order seeks "to advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related...more

Supreme Court Overturns U.S. Government's Effort to Insulate Navy from Liability to Territory of Guam for Landfill Cleanup

On May 24, 2021, in an opinion written by Justice Thomas, a unanimous Supreme Court ruled that Guam’s lawsuit against the US Navy was not barred by CERCLA, thus restoring the Territory’s claim for recovery of costs to...more

Committee Hearing Held on Superfund Program Reforms Sought in CLEAN Future Act

The CLEAN Future Act (Act), introduced in its current form on March 2, 2021 by the House Committee on Energy and Commerce, is designed primarily to achieve net zero greenhouse gas emissions by 2050. Reflecting the...more

Guam v. U.S. - A Case of Environmental Injustice?

President Biden has made environmental justice a cornerstone of his administration. While all government departments and agencies have a role to play, the U.S. EPA has taken on the environmental justice mantle as reflected in...more

U.S. EPA Fast-Tracking Implementation of Environmental Justice Initiatives

A cornerstone of the Biden Administration is environmental justice, which EPA defines as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the...more

U.S. EPA's Interim Guidance on PFAS Destruction and Disposal Lacks Adequate Precision

Section 7361 of the National Defense Authorization Act ("NDAA") for Fiscal Year 2020 requires the US Environmental Protection Agency (EPA) to "publish interim guidance on the destruction and disposal of perfluoroalkyl and...more

PFAS in Firefighting Foam Has Contaminated Water Resources on Military Bases and in Surrounding Communities

Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are found in firefighting foam used by the military since the 1970’s for training exercises and to extinguish liquid and gas fires. These compounds are part...more

PFAS Update: August 2020

There have been several recent developments involving PFAS regulation, most notably the Environmental Protection Agency’s (EPA) Significant New Use Rule (SNUR) for certain long-chain per- and polyfluoroalkyl compounds...more

PFAS Updates: Congressional and Federal Regulatory Developments

This posting provides an update on PFAS developments involving federal legislative and regulatory activities. Congress - On November 6, 2019, a panel of experts at a congressional briefing sponsored by the Endocrine...more

Symposium Spotlights Natural Resource Damage Regulations Under DOI Review

Section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) authorizes the Federal government, States and federally recognized Indian Tribes to act as "trustees" on behalf of the...more

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

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