On April 30, 2024, the U.S. Environmental Protection Agency (EPA) issued the final methylene chloride rule under the Toxic Substances Control Act (TSCA), establishing prohibitions and workplace protections for methylene...more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels,...more
On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more
The U.S. Environmental Protection Agency’s (EPA) final methane rule limits methane emissions from the oil and gas sector and may be the latest battleground over whether the agency is exceeding its authority to regulate...more
The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more
The United States Environmental Protection Agency (EPA) has announced a proposition to add nine per- and poly-fluoroalkyl substances (PFAS) to the list of hazardous wastes under the Resource Conservation and Recovery Act...more
The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more
The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more
In recent weeks, the U.S. Environmental Protection Agency (EPA) released the draft 2023 Environmental Justice Guidance Document (Guidance), a revision of the EPA’s “Technical Guidance for Assessing Environmental Justice in...more
In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act...more
In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative...more
The Chevron doctrine is one of the most important principles of administrative law in the United States. It states that when a federal statute is ambiguous, courts should defer to the reasonable interpretation of the agency...more
The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more
7/13/2023
/ Clean Water Act ,
Clean-Up Costs ,
Contamination ,
Environmental Protection Agency (EPA) ,
NPDES ,
PFAS ,
Risk Management ,
Section 301 ,
Toxic Chemicals ,
Waste Treatment Facilities ,
Wastewater
The U.S. Environmental Protection Agency (EPA) has recently finalized the addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxic Release Inventory (TRI) reporting program. This change came ahead of the...more
Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more
6/29/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Contamination ,
Controlled Substances Act ,
Hazardous Substances ,
PFAS ,
Popular ,
Product Recalls ,
Soil ,
Toxic Chemicals ,
Wastewater
On June 13, 2023, the Environmental Protection Agency (EPA) released its Spring 2023 Unified Agenda, which pushes back the estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)...more
On May 31, 2023, the EPA provided notice of a proposed consent decree in the case, California Communities Against Toxics (CCAT), et al. v. Regan, No. 1:22-cv-03724 (DDC), which revolves around the issue of ethylene oxide...more
On May 25, 2023, the United States Supreme Court significantly curtailed the federal government’s authority to regulate wetlands under the Clean Water Act (CWA) in a 9 to 0 decision. The Court held that the Clean Water Act...more
6/2/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more
The food and beverage industry faces a growing concern regarding per- and polyfluoroalkyl substances (PFAS), a group of synthetic chemicals that studies have shown may demonstrate adverse effects to health and the...more
4/13/2023
/ CERCLA ,
Clean Water Act ,
Contamination ,
Dairy Farmers ,
Food Safety ,
Food Supply ,
PFAS ,
Popular ,
Risk Management ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are dominating the environmental health news cycles based on numerous studies which demonstrate their potential risks. The U.S. Environmental Protection Agency (EPA) is...more
4/11/2023
/ Audits ,
Commercial Insurance Policies ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
Liability ,
Manufacturers ,
PFAS ,
Risk Management ,
Strategic Planning ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On March 3, 2023, the U.S. Environmental Protection Agency (EPA) issued a memorandum to help improve the cybersecurity posture guarding the nation’s water filtration systems. The guidelines, developed with input from industry...more
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed the first national drinking water standard for so-called “forever chemicals” including PFAS. The unprecedented move by EPA is likely to create an...more
On June 25, 2021, the U.S. Supreme Court sided with small oil refineries by making it easier for the companies to win exemptions from the existing mandate that they mix ethanol and other renewable fuels into gasoline and...more