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Key Takeaways on Updated EPA Enforcement Priorities

On the heels of its March 12 major announcement about 31 deregulatory actions, EPA also issued an important Memorandum honing the National Enforcement and Compliance Initiatives (NECI’s) adopted under the Biden administration...more

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more

New York Enacts Environmental Justice Permitting Law

What Happened: New York State Governor Kathy Hochul signed the “Cumulative Impacts Bill” into law. The law expands existing environmental review procedures under the State Environmental Quality Review Act (SEQRA), the state...more

EPA Letter of Concern Cements Use of Title VI/Environmental Justice as Permit Challenge Tool

On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more

After Months of Delay, EPA Quietly Takes Steps Toward Community Outreach on Ethylene Oxide Risks; OIG Once Again Urges EPA to...

Key Takeaways What: In late January, EPA took the initial step of posting status reports on 25 facilities previously identified as high-risk based on known ethylene oxide (EO) emissions and facility location. EPA has...more

After Months of Delay, EPA Quietly Takes Steps Toward Community Outreach on Ethylene Oxide Risks

Key Takeaways What: On January 4, 2021, EPA determined that community-specific warnings regarding ethylene oxide (EO) risks need not be made immediately. EPA has now committed to making notifications by May 31, 2021 and...more

EPA Revises Lead and Copper Rule for the First Time in Three Decades

On December 22, the U.S. Environmental Protection Agency (“EPA”) finalized long-anticipated revisions to the Lead and Copper Rule—the first major revision since the rule was promulgated in 1991. While the final rule maintains...more

Litigation Risk to Ethylene Oxide Emitters Could Increase Under Biden Administration

Key Takeaways - • What: The U.S. Environmental Protection Agency (EPA)’s scientific work on ethylene oxide (EO) has been central to the basis of claims in recent toxic tort suits based on EO exposures; the Biden...more

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