Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
In another step toward broader regulation of per- and polyfluoroalkyl substances (PFAS), on August 29, 2024, New Jersey, New Mexico, and North Carolina (the States) submitted a petition (Petition) urging the United States...more
TSCA/FIFRA/TRI - EPA Releases Draft Risk Evaluation For 1,1-Dichloroethane And Draft Hazard Assessment Of 1,2-Dichloroethane For Public Comment And Peer Review: On July 2, 2024, the U.S. Environmental Protection Agency...more
TSCA/FIFRA/TRI - EPA’s Proposed NMP Risk Management Rule Includes Requirements To Protect Workers And Consumers: On June 15, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of...more
Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more
TSCA/FIFRA/TRI - EPA Issues Asbestos Part 2 Draft Risk Evaluation, Preliminarily Determines That Asbestos Poses Unreasonable Risk To Human Health: On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced...more
Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more
TSCA/FIFRA/TRI - EPA Extends Submission Deadline For Polymer Exemption Reports And Accompanying Claims: The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic...more
The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more
The US Environmental Protection Agency (EPA) recently lowered the recommended regional screening level (RSL) and regional removal management level (RML) for lead-contaminated soil in areas where children live and play from...more
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more
In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more
TSCA/FIFRA/TRI - EPA Announces Rule Proposal To Update The Pesticide Application Exclusion Zone Requirements Under The 2015 Agriculture Worker Protection Standard: On March 13, 2023, EPA issued a proposed rule that would...more
A United States District Court (C.D. California) (“Court”) addressed in a March 22nd Order an issue arising out of the Comprehensive Environmental Response, Conservation, and Liability (“CERCLA”) exemption for federally...more
President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more
TSCA/FIFRA/TRI - EPA Announces Removal Of PFAS Chemicals From Approved Inert Ingredient List For Pesticide Products: On December 14, 2022, EPA announced the removal of 12 chemicals from the current list of non-food inert...more
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties....more
TSCA/FIFRA/TRI - EPA Announces The Addition Of Chitosan To The List Of Active Ingredients Eligible For Risk Pesticide Exemption: On November 8, 2022, EPA issued a final rule adding chitosan (Poly-D-Glucosamine), a...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more
Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws - to address...more
TSCA/FIFRA/TRI - EPA Receives TSCA Section 21 Petition To Phase Out GHG Pollution: EPA received a petition on June 16, 2022, under Section 21 of TSCA from Daniel M. Galpern on behalf of Donn J. Viviani, John Birks, Richard...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more