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EPA deserves a high grade for its progress implementing its PFAS road map and so does Congress

As students around the country journey home for Thanksgiving break before final exams, EPA has reported on its progress implementing its ambitious PFAS road map. It was just over a year ago that EPA unveiled that road map and...more

Another case in which a non-governmental organization wants a court to tell EPA how to do its job

Yesterday a three judge panel of the United States Court of Appeals for the District of Columbia heard from lawyers for the Public Employees for Environmental Responsibility (PEER) and the Environmental Protection Agency...more

Harassing EPA in the Courts isn't in our interests even when an NGO like CLF or the CRWA is the Plaintiff

While many of us were focused on the 2022 elections, the Conservation Law Foundation and the Charles River Watershed Association again sued the Environmental Protection Agency because EPA isn't regulating indirect stormwater...more

Saying EPA's implementation of its PFAS road map is going to "increase legal liability" is like saying seat belts will cause more...

I was surprised to see a former EPA official opining that identifying two of the hundreds of forever chemicals known collectively as PFAS as "hazardous substances" under Federal law would "increase legal liability". ...more

New England Clean Energy Connect will remain on ice until next year as the achievement of the Bay State's GHG reduction goals...

A Maine Trial Court Judge has denied New England Clean Energy Connect permission to complete its project to transmit Canadian hydropower to the United States saying that NECEC hadn't demonstrated that it will suffer...more

America's oldest park is about to receive some much needed TLC in a win for Environmental Justice

The Boston Globe is reporting this morning on exciting plans to improve the Boston Common, America's first public park. The Common and its neighbor, the Public Garden, are on the top of any list of the most special public...more

The Maui in the Mountains Case is Over . . . For Now

This week a Federal Judge in Montana threw out a NGO's citizen suit against the Yellowstone Mountain Club for what the NGO claimed were unpermitted discharges of nitrogen to a Water of the United States. I wrote about this...more

The Sacketts' second day in the nation's highest court is over. What's next?

This morning the Supreme Court of the United States heard from the Sacketts of Idaho for the second time. For sixteen years the Sacketts have been in the Federal Courts in connection with their attempt to build a house on a...more

More on the Supreme Court's most recent tangle with the Clean Water Act

Bobby Magill of Bloomberg has published a concise summary of the two hours in the Supreme Court yesterday during which attorneys for the United States of America and the Sacketts of Idaho were grilled on the reach of the...more

For different reasons, Members of Congress in both parties have put off the permitting reform essential to reach our renewable...

As millions in Florida face the wrath of our warming oceans in the guise of Hurricane Ian, Inside EPA is reporting that enough Democrats and Republicans opposed Senator Manchin's proposal to streamline the permitting of...more

The 350 North Atlantic Right Whales deserve our protection but so do the year round residents of Martha's Vineyard and Nantucket!

The Federal government has proposed to ban fast ferries to Martha's Vineyard and Nantucket between November 1 and May 30 of each year in an effort to protect the 350 North Atlantic Right Whales remaining on the planet....more

Boston wants to reduce its Designated Port Area but what's good for the goose has to be good for the eight other ganders.

Several months ago Mayor Wu announced that she was putting the planning of the Downtown waterfront on ice so the administration could focus on the East Boston waterfront. Now the Administration is demanding that the...more

Congress might make it easier for us to transition to renewable energy but the States say not so fast.

As the climate crisis continues, we're now on the verge of meeting our energy needs through a combination of water, wind, and sun generated electricity. Sadly many Federal and State permits are needed to get that cleaner...more

EPA is exercising Clean Water Act muscle in a way it never has before, in Massachusetts of all places!

Many years ago the Conservation Law Foundation sued the Federal Environmental Protection Agency in an attempt to cause EPA to exercise its "residual designation authority" under the Federal Clean Water Act to require permits...more

The Executive Branch is racing the Supreme Court to a "stable" definition of Waters of the United States but it can't win, only...

EPA and the Army Corps of Engineers have asked the White House Office of Management and Budget to review its most recent attempt to define "Waters of the United States". That definition determines the reach of the Federal...more

More on New England Clean Energy Connect's challenges and what they say about our ability to transition to renewable energy

Benjamin Storrow's story in E&E News on the challenges faced by the New England Clean Energy Connect project is worth a read. He reports that it would be the third largest supplier of electricity in New England. ...more

Dramatic "Shoreline Realignment" In Store For Nantucket's Eastern Shore As Intra-Governmental Dispute Continues

Just before the Labor Day holiday, a Massachusetts Superior Court Judge allowed the Nantucket Conservation Commission to move one step closer to causing what the Town's expert calls dramatic shoreline realignment on the...more

District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod

In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more

Maine's highest court has given the New England Clean Energy Connect project a map to viability, but it isn't out of the woods...

Maine's Supreme Judicial Court has held that a 2021 referendum that may have killed the New England Clean Energy Connect project may also have violated the project's "vested rights" in violation of the Maine Constitution....more

The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a...

For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors of fire-fighting aqueous film-forming foams (AFFFs) that contain perfluorooctanoic acid...more

It's official. PFOA and PFOS will soon be "hazardous substances" from coast to coast.

Within days of Office of Management and Budget and Science Advisory Board blessings, EPA has formally proposed that PFOA and PFOS, two of the hundreds of "forever chemicals" collectively known as PFAS, be included among the...more

Will one PFAS consequence be cities and towns getting out of the water business?

Now that EPA has designated as "hazardous substances" at least two of the hundreds of "forever chemicals" known collectively as PFAS, does it make sense for the hundreds if not thousands of cities and towns across the country...more

EPA's Science Advisory Board is blessing EPA PFAS basis for setting drinking water standards. They may not be zero but they'll...

This week EPA's Science Advisory Board issued its final report on EPA's assessment of the risks associated with drinking water containing two of the hundreds of forever chemicals collectively known as PFAS. Unless you have a...more

EPA hit a PFAS speed bump at the White House Office of Management and Budget but don't expect a detour!

EPA has been cleared by the White House Office of Management and Budget to list two of the hundreds of chemicals collectively known as PFAS as "hazardous substances" under the Federal Superfund statute. This is one of the...more

Lots of PFAS news, none of it good.

A committee of the prestigious National Academies of Sciences, Engineering and Medicine this week recommended that the blood of perhaps tens of millions of Americans be tested for the presence of the ubiquitous "forever"...more

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