EPA recently finalized the HFC Emissions Reduction and Reclamation Rule, which imposes strict requirements on industries relying on HFC-based refrigeration systems. Prior to the Biden administration leaving office, EPA...more
New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of...more
With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration.
The Congressional Review Act (CRA)...more
12/12/2024
/ Agency Disapproval ,
Biden Administration ,
Chevron Deference ,
Clean Air Act ,
Compliance ,
Congressional Review Act ,
Corporate Counsel ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Expedited Actions Process ,
GAO ,
Greenhouse Gas Emissions ,
Joint Resolutions ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Methane ,
Regulatory Agenda ,
Repeal ,
Reporting Requirements ,
Rollbacks ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in...more
The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA).
While the decision does not invalidate any actions...more
11/15/2024
/ Administrative Procedure Act ,
Appeals ,
Article II ,
CEQ ,
Clean Energy ,
Climate Change ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
NEPA ,
SCOTUS ,
Separation of Powers ,
Statutory Authority
The decision signals potential new scrutiny for co-located energy generation and data center projects as concerns grow about grid impacts.
Although decided primarily on procedural grounds, the Federal Energy Regulatory...more
A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more
9/5/2024
/ Administrative Agencies ,
CERCLA ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Hazardous Substances ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Authority ,
Statutory Interpretation ,
Toxic Chemicals
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Superfund ,
Toxic Chemicals
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental...more
Eight states are currently considering legislation that would require reductions in the carbon intensity of transportation fuel sold in the state, which would substantially increase the demand for renewable fuel and...more
On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and...more
The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a...more
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA)....more