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CCS Permitting Roundup: EPA Grants Louisiana Permitting Primacy But Challenges Remain

On December 28, 2023, the U.S. Environmental Protection Agency (“EPA”) granted Louisiana primary enforcement authority (“primacy”) under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”)...more

COP28: Outcomes & Next Steps

The 2023 United Nations Climate Change Conference (“COP28”) reached a significant development in international climate policy, ending with the “first Global Stocktake” calling for a “transition away from fossil fuels in...more

By the Numbers: EPA’s Proposal to Regulate 6 PFAS Chemicals From Drinking Water

The Environmental Protection Agency (“EPA”) has proposed regulating six per- and polyfluoroalkyl (“PFAS”) in drinking water under the Safe Drinking Water Act (“SDWA”). In a proposed rule published on March 29, 2023, EPA...more

Environmental Justice 2022 Year-End Review

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more

CEQ Releases New Guidance for Assessing Greenhouse Gas Emissions and Climate Change under NEPA

In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more

EPA Proposes to Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA: Quick Answers to Top Questions

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more

EPA’s Final Human Health Toxicity Assessment for PFAS GenX Chemicals

On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more

EPA Announces Plans for Waste Rules That Could be a Stepping Stone to Drastically Expanding PFAS Liabilities

EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource...more

EPA Takes Action on PFAS in Waste Water

In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

EPA Unveils Its Power Plants And Neighboring Communities Mapping Tool Further Addressing Environmental Justice Concerns

The Environmental Protection Agency (“EPA”) recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice (“EJ”). The mapping tool displays: the location of...more

Are PFAS Air Emission Regulations On The Horizon?

While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more

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