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EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries

On December 15, 2022, the EPA published a Final Rule to amend EPA’s All Appropriate Inquiries Rule to allow the use of the revised American Society for Testing and Materials (ASTM) E1527-21 Standard Practice for Environmental...more

EPA’s Spring 2022 Regulatory Agenda Updates Actions for PFAS Strategic Roadmap

On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more

EPA to Increase Review of Voluntary Self-Disclosures of Violations

On June 30, 2022 the EPA Office of Inspector General (“OIG”) issued the results of an evaluation to determine if EPA’s process for screening self-reported environmental violations through electronic disclosure is effective....more

EPA Seeks Comments on New ASTM Standard for Phase I All Appropriate Inquiry

On March 14, 2022, the United States Environmental Protection Agency (“EPA”) issued a proposed and direct final rule, which amends the Standards and Practices for All Appropriate Inquiries (“AAI”) by referencing the ASTM...more

Some States Are Opposed to EPA’s COVID-19 Blanket Enforcement Policy

On March 23, 2020, on behalf of its members and U.S. industry, the American Petroleum Institute (“API”) sent a letter to the EPA requesting a temporary waiver of non-essential compliance obligations, including recordkeeping,...more

SCOTUS Muddies All The Waters

In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of...more

Supreme Court Rules Landowners Can Challenge Jurisdictional Determinations

On May 31, 2016, in a unanimous ruling, the U.S. Supreme Court held in USACE v. Hawkes Co. that approved jurisdictional determinations (“JD”) are final actions which can be reviewed by the courts. Under the Clean Water Act a...more

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