Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the...more
Kilpatrick’s Alex Bullock and Jeff Davidson recently joined another industry leader at the “2023 RCG Summit” to present on “Emerging PFAS Regulation of Consumer Articles.” This event features members of Kilpatrick’s Retail...more
In 2021, we alerted our readers to a concerning expansive TSCA proposed reporting requirement that could apply to a range of manufacturers and importers of products containing PFAS, potentially scooping up everyone from...more
The U.S. Court of Appeals for the Third Circuit recently rejected EPA’s application of its “Reactivation Policy” to a St. Croix, USVI refinery, finding that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD)...more
In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more
The use of a mainstay of the dry-cleaning industry – perchloroethylene – may be coming to an end. On June 16, 2023, EPA proposed to ban, under the Toxic Substance Control Act’s Section 6(a) authority, most uses of...more
In March 2023, Kilpatrick Townsend reported on a number of Clean Water Act (CWA) citizen suit actions including Dakota Finance LLC d/b/a Arabella Farm v. Naturaland Trust (Arabella Farms). Arabella Farms addressed the issue...more
From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more
The Clean Water Act (CWA), like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation and seek...more
On December 15, 2022, the EPA took final action to amend the Standards and Practices for All Appropriate Inquiries (“AAI”) to allow the use of the ASTM International revised standard. Specifically, the published final rule...more
In 2021, our blog post alerted readers to a concerning expansive June 2021 TSCA proposed reporting requirement that could apply to a range of manufacturers or importers of products containing PFAS, potentially scooping up...more
On September 6, 2022, the EPA proposed a rule to designate the two most studied Per- and Polyfluoroalkyl Substances (PFAS) compounds, Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), including their...more
Walk around your basement – see those pipes? Would you consider those pipes to be hazardous waste? What about rain boots? Garden hose? Shower curtain? Traffic cones? All of these and more have the potential to be...more
On May 5, 2022, Attorney General Merrick Garland and EPA Administrator Michael Regan issued a comprehensive environmental justice enforcement strategy designed to improve and promote environmental justice through the...more
The Clean Water Act, like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation under the Clean...more
Environmental Justice is a key priority of the Biden Administration and, included in that priority, is addressing the risks presented by lead exposure. The risks of lead-exposure are well-known and addressing these risks has...more
On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more
In an early 2021 posting, this blog discussed the opportunities presented to the Biden Administration to take its first steps to implementing its Climate Change goals by addressing the Trump Administration’s Department of...more
On October 1, 2021, the Environmental Protection Agency (EPA) issued its draft Strategic Plan (Plan) for 2022 – 2026.1 While the Plan renews EPA’s commitment to its original principles (follow the science, follow the law and...more
The Sixth Circuit Court of Appeals recently held that the General Electric Company (GE) was not liable for the costs associated with PCB contamination caused by a release of PCBs from transformers that were intentionally...more
The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more
Did you manufacture or import a water repellant t-shirt or a nonstick cooking pan or high performance mountain wear in the past ten years? If so, you could be required to provide ten years of past data and details regarding...more
Per- and Polyfluoroalkyl Substances (PFAS) are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including...more
The United States Environmental Protection Agency’s (“EPA”) June 30, 2021, announcement regarding a revision to the risk evaluation process under the Toxic Substances Control Act (“TSCA”) marks a significant step towards in...more
Supplemental environmental projects or “SEPs” are “environmental” projects that a defendant agrees to undertake as part of a negotiated settlement of a federal enforcement action. SEPs have been used as a discretionary...more