In September 2024, the Environmental Protection Agency ("EPA") announced an extension to the reporting period for its new Per- and Polyfluoroalkyl Substances ("PFAS") reporting and recordkeeping requirements under the Toxic...more
We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more
4/24/2024
/ CERCLA ,
Due Diligence ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Hazardous Substances ,
NPDES ,
PFAS ,
Pollution Control ,
RCRA ,
Reporting Requirements ,
Rulemaking Process
Inflation Reduction Act pledged millions to label program intended to cut climate pollution linked to manufacturing of construction products and materials -
The Environmental Protection Agency ("EPA") is seeking public...more
On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the...more
2/7/2024
/ CERCLA ,
Contamination ,
Corrective Action Plans (CAPs) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
PFAS ,
Proposed Regulation ,
RCRA ,
Toxic Chemicals
There is little debate that "PFAS are everywhere."Nor is it debatable that PFAS, a term used to encompass per- and polyfluoroalkyl substances, are a primary focus of regulatory action and are an increasingly common cause of...more
In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more
6/21/2023
/ Biodiversity ,
Chevron Deference ,
Chevron v NRDC ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On the eve of 2023, the Environmental Protection Agency (EPA) announced a final rule modifying the definition of "waters of the United States" (WOTUS), a key term of the 1972 Clean Water Act that has fueled much passion for...more
If there is one thing we know for certain about the term "Waters of the United States" (WOTUS) under the Clean Water Act (CWA), it is that its definition remains uncertain....more
On June 1, 2020, the Environmental Protection Agency (EPA) released its new rules implementing section 401 of the Clean Water Act (CWA). Section 401 provides that before a federal agency can approve a project that may result...more
On May 15, 2020, the Oregon Department of Environmental Quality (DEQ) submitted a letter to the Environmental Protection Agency (EPA) in which it objected to EPA's draft water quality discharge permits (NPDES permits)...more
Among the barrage of news reports related to state and federal responses to COVID-19, less discussed is the suspension of some environmental compliance obligations for regulated entities affected by the crisis....more