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EPA Announces List of Actions to Combat PFAS Contamination

The U.S. Environmental Protection Agency's ("EPA") plan to address per- and polyfluoroalkyl substances ("PFAS") includes a long list of upcoming agency actions to deal with PFAS contamination....more

Energy Projects Could Get Quicker Wetland and Endangered Species Approvals

President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more

The Climate Report: Fourth Quarter 2023

REGULATORY ISSUES & UPDATES - Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 - The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Supreme Court Issues Wetlands Ruling in Sackett v. EPA Decision

In Short - The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation...more

EPA and Army Corps Promulgate New Expansive Definition of Waters of the United States

In Short - The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more

EPA Issues Guidance Addressing Discharges of PFAS

In Short - The Situation: The Environmental Protection Agency's ("EPA") new guidance memorandum to states provides direction on how they can use the National Pollutant Discharge Elimination System ("NPDES") permitting...more

Supreme Court Rules Some Discharges to Groundwater Require Clean Water Act Permits

The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit. The Result: Some discharges to...more

Proposed Waters of the United States Rule Narrows Federal Clean Water Act Jurisdiction

February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more

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