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Earth Day 2025—Our Power, Our Planet

We look forward to Earth Day 2025 today, the Corporate Environmental Lawyer is once again kicking off its weekly series of blogs which focus on this year’s Earth Day theme — “Our Power, Our Planet”. This year marks the 55th...more

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

Let’s Get Ready to Rumble—Earth Day 2024–Planet versus Plastics

As we kick off Earth Day 2024, we look to this year’s Earth Day theme–“Planet versus Plastics.” Planet versus Plastics seeks to focus attention on the challenges that plastic pollution poses to the planet. In recognition of...more

EPA Drops First Set of UCMR 5 Data

U.S. EPA released the first set of data collected by public water systems (PWS) pursuant to the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5). UCMR 5 required PWS serving more than 10,000 customers to sample for 29...more

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

Avoiding Default and Streamlining NEPA—Can the Fiscal Responsibility Act of 2023 Accomplish Both Objectives?

Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)--which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default--are provisions that seek to amend the National...more

Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

Client Alert: Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

Earth Day 2023—A Reflection on the Past and Forward-Looking Opportunities For Investing in Our Future

As we prepare to celebrate the 53rd anniversary of Earth Day, it is my pleasure to kick off our Earth Day series of daily blogs penned by my colleagues at Jenner & Block. The theme for this 53rd Earth Day is a continuation...more

To Broaden or Not to Broaden--U.S. EPA Solicits Input on Whether to Add Additional PFAS to CERCLA’s List of Hazardous Substances

As we await final agency action on U.S. EPA’s pending rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous substances, U.S. EPA has just published an advanced...more

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

How Low Did U.S. EPA Go--U.S. EPA Issues Its Long-Awaited Draft PFAS Drinking Water Standards

Almost two years to the date after U.S. EPA issued its regulatory determination for contaminants on the forth Contaminant Candidate List, U.S. EPA has issued its draft rule setting drinking water limits for several PFAS...more

Maine Proposed Rule Provides Further Reporting Clarity for Products and Product Components Containing PFAS

On February 14, 2023, the Maine Department of Environmental Protection (MDEP) issued a proposed draft rule that provides guidance on reporting requirements and sales prohibitions for products and product components containing...more

PFAS in Consumer Products

Developing a Proactive and Strategic Game Plan - Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more

Client Alert: PFAS in Consumer Products: Developing a Proactive and Strategic Game Plan

Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses should be actively preparing to comply with the...more

U.S. EPA Adopts Expanded Definition of PFAS on Its Drinking Water Contaminants List

On November 2, 2022, U.S. EPA released the pre-publication version of the fifth contaminant candidate list (CCL 5) containing 66 chemicals, 12 microbes, and three chemical groups (per- and polyfluoroalkyl substances (PFAS),...more

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges - Update

The California Office of Administrative Law (OAL) recently approved a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages. California’s Office of Environmental Health Hazard...more

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges

On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of...more

U.S. EPA Offers Roadmap for Environmental Justice-Based Permit Denials

On August 16, 2022, U.S. EPA released its Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ) that provides guidance to federal, state, and local environmental permitting entities on...more

OMB Throws Potential Speed Bump in Front of U.S. EPA’s Efforts to Designate PFAS as CERCLA Hazardous Substances

On August 12, 2022, the Office of Management and Budget (OMB) completed its review of U.S. EPA’s proposed rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous...more

How Low Can You Go—U.S. EPA Attempts to Answer that Question With New PFAS Health Advisory Levels

U.S. EPA issued its long anticipated interim updated drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that replace previous U.S. EPA health advisories for these per-...more

U.S. EPA Updates Regional Screening Levels to Add Five New PFAS Chemicals

On May 18, 2022, U.S. EPA updated its Regional Screening Level tables to include five new per- and polyfluoroalkyl substances (PFAS). The five new PFAS compounds added to the RSL tables are hexafluoropropylene oxide dimer...more

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