A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention...more
OSHA has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces. The Department also announced that it will intensify its...more
The EPA is facing heavy criticism from Republican lawmakers, states, and industry groups for its “slow response” to the Supreme Court’s Ruling in Sackett v. EPA. After the ruling, which set out parameters for defining “waters...more
On May 16, 2023, the EPA proposed amendments to regulations that govern review of new chemicals under TSCA. Under TSCA, the EPA is charged with reviewing the potential risk of new chemicals before they enter U.S. commerce,...more
On May 4, 2023, the Office of Management and Budget (OMB) approved the EPA’s proposed new rule to regulate landfills containing coal combustion residuals (CCR). The new rule would close a regulatory gap left open by the EPA’s...more
In a March 19 ruling in State of Texas, et al. v. EPA et al., a U.S. District Court for the Southern District of Texas granted Texas and Idaho’s Motions to block the Biden Administration’s “durable” definition of “Waters of...more
The U.S. Forest Service (USFS) is seeking Clean Water Act (CWA) Permits from the EPA for anticipated discharges from aerial firefighting efforts that may reach federal water. The Plaintiffs in the suite, Forest Services...more
In early March, Democrats Dan Kildee (D-MI) and Senator Michael Bennett (D-CO) reintroduced their “Financing Lead Out of Water (FLOW) Act,” which would amend the Federal Tax Code to allow public water systems to pay for...more
The EPA has release a proposed guidance document for conducting cumulative risk assessments (“CRA”) under the Toxic Substances Control Act (“TSCA”). The guidance is designed to assist the EPA to characterize and quantify the...more
On March 8th, the EPA proposed an Effluent Limitation Guidance (ELG) rule designed to meet a “zero discharge” goal for the steam electric power generating point source category. The proposal includes requirements for advanced...more
On February 22, the U.S. Attorneys’ Office issued a new, voluntary self-disclosure policy encouraging companies to reveal potentially criminal conduct for environmental crimes. For qualifying self-disclosures, the policy can...more
The U.S. EPA released a controversial new rule defining regulated “waters of the United States” on January 18, 2023. The Publication began the 60-day clock for critics to challenge the rule in Federal Court. The new Rule is...more
On Friday, January 6, the White House issued its long awaited guidance telling federal agencies how to consider climate impacts on permitting decisions. The guidance details the need to make sure the depth of analysis...more
The U.S. Court of Appeals for the District of Columbia is set to rule on a challenge by an asphalt emulsions manufacturing company alleging that the EPA unlawfully required its facility to maintain a Facility Response Plan...more
Apple, Inc. has set an ambitious carbon-neutrality goal, which it hopes to achieve by 2030. Key to achieving this goal is an ambitious recycling plan. Apple has already slashed the Company’s aluminum related carbon emissions...more
On Tuesday, November 14, the EPA issued a proposed rule which would increase fees charged under the Toxic Substances Control Act (TSCA) to manufacturers and handlers of chemical substances. The proposed rule would more than...more
On August 16, the EPA released its frequently asked questions (“FAQ”) document advising state regulators to deny permits if applicants do not demonstrate compliance with the civil rights of affected persons and communities in...more
The EPA’s revised lead strategy has cleared the interagency review process, and is expected to be released later this year. The revised strategy outlines the EPA’s intent to work with other federal agencies such as the CDC to...more
The EPA has announced that it will streamline review of new chemical substances that are used in the manufacture of electric vehicle batteries, and that can be used in other, vital emerging markets. The Toxic Substances...more
The Sixth Circuit has granted review of the District Court the Southern District of Ohio’s decision to certify a class of millions of Ohio residents who may have forever chemicals, known as PFAS, in their blood. The class...more
Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more
Georgia Pacific is filing a petition with the U.S. Supreme Court seeking to clarify the appropriate application of CERCLA’s statute of limitation to contribution actions. In the underlying case, the U.S. District Court in...more
The U.S. EPA is set to publish a long overdue proposed rule that would require certain facilities with above-ground chemical tanks to develop response plans for worst-case scenario spills. The “worst-case response plan...more
On June 30, the EPA Inspector General directed the Agency to develop a more rigorous process for screening self-disclosure of violations made to the EPA’s electronic disclosure system (eDisclosure). The Director found that...more
Chemical industry groups have urged the IRS to delay implementation of the Superfund taxes on chemicals which were reinstated by Congress in the bipartisan, infrastructure law. According to industry representatives, the IRS...more