Author Info for Stoel Rives - Environmental Law Blog

Rachel Aramburu

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman…more

Administrative Procedure Act, Chemicals, Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA)

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Kelly Beskin

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Thomas Braun

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Dean Brower

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Michael Campbell

Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent of…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

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Barbara Craig

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden…more

Biden Administration, Environmental Assessments, Environmental Impact Statements, Environmental Policies, Environmental Review

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Elizabeth Ewens

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Melissa Foster

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Wade Foster

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect

The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order,…more

Chemicals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Todd Friedman

Force Majeure Probably Doesn’t Permit Smoke Taint Rejection

A force majeure clause in a contract permits the suspension, or in some cases, the termination, of performance by a party to the contract upon the occurrence of a force majeure event. Traditionally, a force majeure event is a…more

California Department of Food and Agriculture (CDFA), Crops, Force Majeure Clause, Wildfires, Wineries

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Beth Ginsberg

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a…more

Clean Air Act, Clean Water Act, Department of Justice (DOJ), Environmental Litigation, Environmental Protection Agency (EPA)

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Seth Hilton

Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW

On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal…more

California, Clean Energy, CPUC, Electricity, Energy Projects

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Melissa Jones

California Landlords May Need to Take Additional Steps by July 2019 to Comply with Prop 65

California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop…more

Landlords, New Regulations, OEHHA, Property Managers, Proposition 65

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Veronica Keithley

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a…more

Clean Air Act, Clean Water Act, Department of Justice (DOJ), Environmental Litigation, Environmental Protection Agency (EPA)

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Laura Kerr

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Krista McIntyre

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman…more

Administrative Procedure Act, Chemicals, Chevron Deference, Clean Air Act, Environmental Protection Agency (EPA)

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Michael Mills

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State…more

California, Groundwater, Industrial Stormwater Rule, State Water Boards, Stormwater Discharge Permits

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Nathan Morales

SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In

The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Lauren Neuhaus

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Heraclio Pimentel

SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In

The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Lindsay Puckett

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the Biden…more

Biden Administration, CEQ, Comment Period, Environmental Assessments, Environmental Impact Report (EIR)

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Allison Smith

California’s New Climate-Related Disclosure Laws

California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks. Senate Bill (SB) 253, the Climate Corporate Data Accountability Act, expands…more

California, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Bao Vu

California Landlords May Need to Take Additional Steps by July 2019 to Comply with Prop 65

California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop…more

Landlords, New Regulations, OEHHA, Property Managers, Proposition 65

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