The recent United States Supreme Court decisions in Loper Bright Enterprises, overruling Chevron, as well as Jarkesy and Corner Post will have a significant impact on how regulated industries will conduct business going...more
8/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation ,
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In a monumental shift in administrative law, the U.S. Supreme Court has overruled the Chevron doctrine in its decision in Loper Bright Enterprises v. Raimondo. This landmark ruling redefines the balance of power between...more
On April 10, the U.S. Environmental Protection Agency (EPA) adopted the final National Primary Drinking Water Regulations (Rule) for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA),...more
On April 17, the U.S. Environmental Protection Agency (EPA) announced the designation of two of the most widely used per- and polyfluoroalkyl substances (PFAS) (perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
On March 20, the U.S. Environmental Protection Agency (“EPA”) released its final rule on Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles (the “Final Rule”). The Final...more
Regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continued to pick up steam in 2023, and 2024 promises to continue this trend and present companies with new PFAS-related challenges....more
EPA Proposing Stricter Regulation of Chlorinated Solvent Use - Manufacturers should be aware of the recent proposal by the U.S. Environmental Protection Agency (“EPA”) to prohibit most industrial and commercial uses of...more
New regulatory developments and other actions regarding per- and polyfluoroalkyl substances (“PFAS”) will continue to be front of mind for the automotive and manufacturing industries in 2023. These activities include the...more
On Friday, August 26, the U.S. Environmental Protection Agency (“EPA”) issued a pre-publication version of its long-anticipated proposed rule, which would designate two per- and polyfluoroalkyl substances (“PFAS”)—namely...more
On Feb. 7, several environmental groups formally notified EPA that they intend to file suit to force EPA to act on 39 overdue state Regional Haze plans and to trigger a countdown to issuance of Federal Implementation Plans...more
On Jan. 11, EPA proposed more stringent National Emissions Standards for Hazardous Air Pollutants (NESHAPs) that apply to both major and area source primary copper smelters. As part of that review, EPA must identify any new,...more
On Feb. 11, EPA proposed updates to both the National Emissions Standards for Hazardous Air Pollutants (NESHAP) that apply to Lead Acid Battery (LAB) Manufacturing Area Sources (Subpart PPPPPP) and the New Source Performance...more
Earlier this month, the U.S. Environmental Protection Agency (“EPA”) submitted a proposed rule to the White House Office of Management and Budget (“OMB”) to designate perfluorooctanoic acid (“PFOA”) and...more
Recent U.S. Environmental Protection Agency (EPA) enforcement cases against operators of ammonia refrigerant facilities highlight an imminent compliance obligation and new enforcement risk for operators of refrigeration...more
If you’ve been following the most recent developments related to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”), then you likely have heard of the PFAS Strategic Roadmap that was announced just last...more
On Sept. 30, 2021, the Biden Administration made the latest move in the startup, shutdown, and malfunction (SSM) saga when the U.S. Environmental Protection Agency (EPA) issued a guidance policy repealing a Trump...more
EPA’s July 8 Memo may force states to impose stricter emissions controls on sources subject to the Regional Haze program. Recently submitted State Implementation Plans (SIPs) may not meet new EPA criteria and interpretations,...more
Over the last several months, the United States Environmental Protection Agency (U.S. EPA) and many states have made headlines over their increasing regulatory attention to per- and polyfluoroalkyl substances (PFAS)—the...more
EPA Region 6 recently proposed to approve Texas’s affirmative defense regulations in its State Implementation Plan (“SIP”) applicable to excess air emissions that occur during certain startup, shutdown or maintenance (SSM)...more
Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies. ...more
In early February, in an extraordinarily rare move, the Supreme Court of the United States ("SCOTUS") stayed implementation of the Environmental Protection Agency's ("EPA") Clean Power Plan ("CPP") before the Court of Appeals...more