The textile manufacturing sector cannot escape EPA’s rush to regulate per- and polyfluoroalkyl substances (PFAS). EPA recently requested comment on an Information Collection Request (ICR) to finish the process. Response to...more
Clock is Ticking as EPA Proposes Ban of the Manufacture, Processing and Commercial Use of the Widely Used Chemical TCE -
EPA recently proposed a ban of trichloroethylene, commonly known as TCE, under the Toxic Substances...more
EPA is attempting to use the Clean Air Act (CAA) to immediately shut down a Louisiana manufacturer that is indisputably in compliance with the emissions limits in its state issued air permit. In its emergency request to a...more
The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more
President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more
4/6/2023
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Executive Orders ,
RCRA ,
Safe Drinking Water Act ,
Underserved Locations
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching -
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
4/4/2023
/ Air Quality Standards ,
CERCLA ,
Clean Air Act ,
Department of Justice (DOJ) ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Executive Orders ,
Final Rules ,
Hazardous Substances ,
NAAQS ,
NESHAP ,
Ozone ,
PFAS ,
Proposed Rules ,
RCRA ,
Rulemaking Process ,
Safe Drinking Water Act
Environmental Justice (“EJ”) is defined by EPA as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and...more
EPA Proposes to Expand TRI Reporting Requirements for PFAS and Other Chemicals of Special Concern -
EPA is proposing to add per- and polyfluoroalkyl substances (“PFAS”) subject to reporting under the Emergency Planning...more
The Biden Administration and EPA continue to strengthen and expand the federal Environmental Justice (EJ) strategy as evidenced by the President’s April 2022 Equity Action Plan (Plan) and the United States DOJ’s May 2022...more
Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
10/11/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Obama Administration ,
Public Comment ,
Public Meetings ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more
10/8/2021
/ Biden Administration ,
Bodily Injury ,
Clean Water Act ,
Climate Change ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Groundwater ,
Information Reports ,
Obama Administration ,
Property Damage ,
Public Comment ,
SNUR ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
Environmental issues are inherent in many M&A transactions and require counsel’s careful assessment, explanation and guidance to manage certain technical aspects of successful deals.
In this edition of the Williams Mullen...more
When environmental lobbyists are asked to discuss the topics to watch for 2021-2022, the answer almost always includes one broadly encompassing topic: Environmental Justice. While the term “Environmental Justice” or “EJ” is...more
5/6/2021
/ Biden Administration ,
Climate Change ,
Disparate Impact ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Agency Taskforce ,
President Clinton ,
Regulatory Agenda ,
State and Local Government
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
5/6/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Climate Change ,
Environmental Justice ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
Permits ,
PFAS ,
Proposed Amendments ,
Site Remediation ,
State Agencies ,
Wastewater
Section 402 of the Clean Water Act (CWA) prohibits the discharge of any pollutant from any point source to navigable waters (“Waters of the United States” or “WOTUS”) unless authorized by a permit (Section 402 NPDES Permits)....more
3/16/2021
/ Biden Administration ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
New Guidance ,
NPDES ,
Waters of the United States
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
1/13/2021
/ CERCLA ,
Chemicals ,
Coal Industry ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Hazardous Waste ,
Oil & Gas ,
Potentially Responsible Party (PRP) ,
Proposed Rules ,
Superfund
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
Environmental risks are inherent in the transfer of real property. Phase I Environmental Site Assessments are an effective risk mitigation tool, but only if prepared in accordance with the current ASTM Standard E1527. This...more
In late August, a South Carolina federal court was asked to rule in favor of EPA and the Army Corps of Engineers (Corps) and dismiss a Clean Water Act (CWA) lawsuit brought by environmental groups challenging EPA’s recent...more
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
10/28/2020
/ Administrative Procedure Act ,
Boiler MACT Rule ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Testing ,
General Elections ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Regulatory Agenda
Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more
7/16/2020
/ CARES Act ,
CERCLA ,
Clean Water Act ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Financial Stimulus ,
Infrastructure ,
Investment ,
NESHAP ,
Public Projects ,
Regulatory Reform ,
Relief Measures ,
Trump Administration
A federal court in Pennsylvania recently ruled a U.S. Steel Corp. manufacturing facility was not required under CERCLA to notify federal authorities of releases to the air in excess of emission limits in its air permits. This...more
On March 26, 2020, the South Carolina Department of Health (DHEC) Office of Environmental Affairs promised regulatory relief to those struggling to comply with environmental permits and other regulatory obligations due to the...more
On behalf of Haw River Assembly, the Southern Environmental Law Center recently served a Notice of Intent to Sue (“Notice”) on the City of Burlington, North Carolina. Copies of the Notice were delivered to EPA and the North...more
1/14/2020
/ Citizen Suits ,
Clean Water Act ,
Department of Environmental Quality ,
Environmental Violations ,
Municipalities ,
NPDES ,
PFAS ,
RCRA ,
Right To Cure ,
Waste Treatment Facilities ,
Wastewater