In a trio of cases, the Supreme Court has changed the balance of power between courts and federal agencies. The combination of these three cases will likely lead to significant litigation in multiple courts, repeated...more
7/17/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more
EPA is proposing nationally uniform and federally enforceable limits on six per- and polyfluoroalkyl substances (PFAS) in drinking water for the first time. This marks a key milestone in EPA's PFAS roadmap and establishes an...more
The United States Environmental Protection Agency (U.S. EPA) has released its long-anticipated Proposed Rule to designate the “forever” chemicals PFOA and PFOS as hazardous substances under the Comprehensive Environmental...more
The Infrastructure Investment and Jobs Act, signed at the end of 2021, reinstates the Superfund chemical excise taxes under Sections 4661 and 4671 of the Internal Revenue Code. These taxes were in place until 1995 to fund the...more
For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more
4/20/2022
/ CERCLA ,
Department of Natural Resources ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Proposed Regulation ,
Soil ,
Wastewater ,
Wisconsin
On Thursday, March 26, the United States Environmental Protection Agency (“U.S. EPA”) released a much anticipated enforcement discretion policy that provides temporary and limited enforcement discretion for certain violations...more
This past Valentine’s Day, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler announced EPA’s action plan for regulating per- and polyfluoroalkyl Substances (PFAs), which are a class of synthetic...more
2/20/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies
While much of the environmental bar was focused on the Waters of the U.S. rulemaking, on December 11, U.S. EPA Acting Administrator Andrew Wheeler signed the new hazardous waste pharmaceutical rule. The final rule retains a...more
While much has been made of U.S. EPA’s alleged scaling back of enforcement on various fronts and other policy changes, a wave of enforcement against mobile source engines appears ready to break on the heavy-duty diesel...more
The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and...more
We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more
On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more
Backup generators used in a broad range of industries, including medical, agriculture, and oil and gas production facilities, are now subject to new emission standards. New EPA regulations for reciprocating internal...more