On January 9, 2023, the White House Council on Environmental Quality (CEQ) published new interim guidance intended to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects of project proposals...more
On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more
1/10/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Reform ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Yesterday the U.S. Environmental Protection Agency (EPA) proposed to reclassify per- and polyfluoroalkyl substances (PFAS) as chemicals of special concern under the Toxics Release Inventory (TRI). PFAS are widely used...more
As anticipated in our April 4, 2022 alert, the U.S. Fish and Wildlife Service (FWS) this week published a final rule reclassifying the northern long-eared bat (NLEB) from a threatened species to an endangered species. The...more
In response to increased solar development in Maine, the Land Use Planning Commission (LUPC) is proposing amendments to its rules regulating the permitting of solar energy generation facilities. With these proposed...more
In today’s Federal Register, the U.S. Fish and Wildlife Service (USFWS or Service) proposed the creation of general permits for bald and golden eagle incidental takes that would be available to qualifying wind energy...more
As discussed in our September 1, 2022 alert, EPA has proposed designating two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). On...more
On Friday August 26, 2022, the EPA issued a pre-publication version of a proposed rule designating two PFAS chemicals, PFOA and PFOS, as hazardous substances under the Comprehensive Environmental Response Compensation and...more
On June 15, 2022, the U.S. Environmental Protection Agency (EPA) issued four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). It issued interim updated drinking water health advisories PFOA...more
7/19/2022
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Distributors ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA)....more
The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...more
The White House Council on Environmental Quality (CEQ) today published its final rule to amend three provisions of its National Environmental Policy Act (NEPA) regulations. The amendments largely are the same as the changes...more
The U.S. Fish and Wildlife Service (FWS) is proposing to change the classification of the northern long-eared bat (NLEB) from threatened to endangered under the Endangered Species Act (ESA). The FWS classifies a species as...more
The Maine Department of Environmental Protection (DEP) is making changes to Chapter 600, the Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels. To receive...more
In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more
As described at this week’s briefing of the Maine Legislature’s Environmental and Natural Resources (ENR) Committee, the Maine Department of Environmental Protection (DEP) is acting quickly on the suite of PFAS legislation...more
The White House Council on Environmental Quality (CEQ) announced today that it is initiating a rulemaking to restore three important procedural provisions of the National Environmental Policy Act (NEPA) that will apply to...more
EPA encourages storage of PFAS and PFAS-containing materials rather than disposal
On December 18, 2020, the United States Environmental Protection Agency (EPA) released interim guidance on destruction and disposal of...more
On December 1, 2020, the Maine Climate Council released its final report, Maine Won’t Wait, A Four-Year Plan for Climate Action (the “Climate Plan”).
In June 2019, Maine Governor Janet Mills signed legislation creating the...more
The Maine Governor’s Energy Office (GEO) and Governor’s Office of Policy Innovation and the Future (GOPIF) last week released a report detailing plans to expand Maine’s clean economy workforce, as well as support innovation...more
The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, yesterday promulgated by publication in the Federal Register significant changes to its regulations implementing the National...more
The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more
Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more
Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more
1/30/2020
/ Contaminated Properties ,
Department of Environmental Protection ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Agency Taskforce ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Private Property ,
State and Local Government ,
Superfund ,
Toxic Chemicals
At the end of 2019, President Trump signed into law the “PFAS Act of 2019” (contained in the National Defense Authorization Act), triggering reporting of a significant number of per- and polyfluoroalkyl substances (PFAS) for...more
1/24/2020
/ Data Collection ,
Data Management ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Manufacturing Facilities ,
New Legislation ,
PFAS ,
Regulatory Requirements ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
Trump Administration