On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Public Health ,
Safe Drinking Water Act ,
Toxic Chemicals
As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more
6/8/2023
/ Batteries ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Individual Retirement Account (IRA) ,
Lithium Batteries ,
New Rules ,
Popular ,
RCRA ,
Recycling ,
Solid Waste ,
Toxic Substances Control Act (TSCA) ,
Waste Disposal
On March 13, the Environmental Protection Agency (EPA) took the long-anticipated step of proposing maximum contaminant level goals (MCLGs), as well as individual maximum contaminant levels (MCLs), for six PFAS compounds under...more
Yesterday, the U.S. Environmental Protection Agency (EPA) announced a new “Strategic Roadmap (Roadmap),” describing a suite of ongoing and future agency actions to address per- and polyfluoroalkyl substances (PFAS). While...more
Climate change and environmental justice are currently dominating the conversation in the environmental legal community, but 2021 promises to be an extremely active year for one of the most challenging environmental issues of...more
On the evening of November 30, United States Environmental Protection Agency (EPA) announced a new interim strategy to address per- and polyfluoroalkyl substances (PFAS) in the environment through EPA-issued wastewater...more
On March 3, 2020, the Illinois Environmental Protection Agency (IEPA) filed with the Illinois Pollution Control Board (Board) proposed regulations establishing standards for coal combustion residue (CCR) surface impoundments,...more
9/2/2020
/ Coal Industry ,
Coal-Fired Generation ,
Environmental Policies ,
Environmental Protection Act ,
Pollution Control ,
Pollution Control Board ,
Proposed Regulation ,
Public Hearing ,
RCRA ,
Rulemaking Process ,
USEPA
On July 27, the Michigan Legislature’s Joint Committee on Administrative Rules (JCAR) filed new administrative rules and rule amendments concerning Michigan’s drinking water standards with the Michigan Secretary of State’s...more
The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more
6/3/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here....more
On May 7, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-77 (Order), extending the mandatory stay-at-home restrictions for all Michigan residents through May 28. ...more
As states across the country continue to grapple with the ongoing COVID-19 pandemic, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-70 (Order), which took effect on May 1 and continues the mandatory stay-at-home...more
The U.S. Department of Justice (DOJ) is quietly taking steps to provide financial relief during the COVID-19 pandemic. In an April 14 model letter, DOJ offered to temporarily suspend its collection of stipulated penalty...more
In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed coronavirus (COVID-19) enforcement discretion policy (Policy), governmental and environmental group opposition to the Policy...more
In response to the ongoing COVID-19 pandemic, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-42 (Order), which took effect on April 9 at 11:59 p.m. and extends the mandatory stay-at-home restrictions for all...more
On April 10, the U.S. Environmental Protection Agency’s (EPA’s) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) jointly released a memorandum to all EPA Regional...more
In the wake of Governor Gretchen Whitmer’s Executive Order 2020-21 (Order) mandating stay-at-home restrictions for all Michigan residents in response to the COVID-19 pandemic, companies across the state are trying to...more
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging...more
12/21/2018
/ CERCLA ,
Department of Environmental Quality ,
Drinking Water ,
Environmental Claims ,
Environmental Liability ,
Environmental Policies ,
Manufacturers ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government ,
Toxic Chemicals
As we have been advising, attention to per- and polyfluoroalkyl substances (PFAS) continues to take center stage with regulators on both the state and federal levels....more
A new rule proposed by the EPA to take effect in July 2018 would redefine pharmaceutical waste under the Resource Conservation and Recovery Act (RCRA), fundamentally altering how the pharmaceutical supply chain currently...more
Last month, Washington state enacted a new law, making it the first in the country to ban the use of perfluoroalkyl and polyfluoroalkyl substances, or "PFAS,” in food packaging....more
The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more
The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement.
Although there has been much finger pointing as to which party or parties may...more
We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow.
Massachusetts is the latest state to reevaluate...more
Potentially affected health care facilities should evaluate current management practices, evaluate best management practices for regulated facilities, and develop a plan to prepare for and manage a regulatory inspection....more