News & Analysis as of

Environmental Protection Agency (EPA)

Allen Matkins

California Environmental Law & Policy Update 5.15.26

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The U.S. Environmental Protection Agency (EPA) on Monday proposed allowing data centers, power plants, and other industrial facilities to begin certain construction work before obtaining required federal air permits....more

Vinson & Elkins LLP

Build Now, Permit Later? What EPA’s Air Permitting Proposal Means for Data Centers and Major Projects

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Last fall, the Environmental Protection Agency (“EPA”) gave project developers a valuable thing in Clean Air Act permitting: a usable bright line....more

Troutman Pepper Locke

EPA’s Draft Contaminant Candidate List Triggers Regulatory Considerations and Opportunities for Drinking Water Treatment...

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Last month, the U.S. Environmental Protection Agency (EPA) announced the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA) and released it for public comment. CCL 6 identifies...more

Morgan Lewis

PFAS Regulation and Litigation Continue to Evolve as Federal Deadlines Slip and States Press Ahead

Morgan Lewis on

Per- and polyfluoroalkyl substances remain a top priority for regulators and litigants, but the legal landscape is fragmented and uncertain. At the federal level, the US Environmental Protection Agency continues to defend a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Manifest Regulations/RCRA: ASTSWMO Comments on U.S. EPA Proposal to Sunset Paper Manifests

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted May 4th comments on the United States Environmental Protection Agency (“EPA”) proposed rule to amend the Resource Conservation...more

Alston & Bird

EPA Releases Draft Fungicide Strategy to Protect Endangered Species

Alston & Bird on

Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s draft Fungicide Strategy, outlining how the agency will evaluate and address potential fungicide impacts on listed endangered...more

J.S. Held

Impact of the Clean Energy Transition on Asset Retirement Obligations and Environmental Cleanup Costs (UPDATED)

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Utilities, insurers, and system operators navigating the energy transition should read this article to learn more about...more

Bergeson & Campbell, P.C.

EPA’s FY 2026 Top Management Challenges Include Meeting Statutory Requirements for Ensuring the Safe Use of Chemicals

The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released on May 6, 2026, a report on EPA’s fiscal year (FY) 2026 top management challenges. The report identifies what OIG considers to be the...more

Bergeson & Campbell, P.C.

EPA Releases Final Risk Evaluation for 1,2-Dichloroethane, Finds Unreasonable Risk of Injury to Human Health for 15 COUs Involving...

The U.S. Environmental Protection Agency (EPA) announced on May 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (also known as ethylene dichloride...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Streamlining Clean Air Act Title V Operating Permit Process to Expedite Approvals: U.S. Environmental Protection Agency Issues...

The United States Environmental Protection Agency (“EPA”) issued on May 11th a guidance document titled: Guidance on Streamlining Title V Operating Permit Reviews (“Guidance”). ...more

Dickinson Wright

D.C. Circuit Rejects Proposed Expansion of Associational Standing

Dickinson Wright on

On May 1, 2026, the D.C. Circuit issued its decision in Public Employees for Environmental Responsibility v. Zeldin, clarifying the limits of associational standing, and rejecting a proposed expansion that would have blurred...more

Jenner & Block

EPA Proposes New Definition of “Begin Actual Construction” for NSR Permitting

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Under EPA’s New Source Review (“NSR”) program, an owner or operator must obtain a permit prior to commencing construction of a new major source or a major modification to an existing source. The NSR permitting process can be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Permitting Authority Map: Live Data Source Established

The United States Environmental Protection Agency (“EPA”) announced on May 6th that it has established a “Permitting Authority Map” (“Map”). ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Addressing Per- and Polyfluoroalkyl Substances (PFAS): Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a position paper titled: Addressing Per- and Polyfluoroalkyl Substances (PFAS) (“Position Paper”)....more

Haynes Boone

OSHA Compliance in Data Centers: How EPA’s Voluntary Wastewater Standards Could Trigger Mandatory Safety Obligations

Haynes Boone on

Data centers that adopt forthcoming voluntary wastewater treatment standards from the Environmental Protection Agency (EPA) will likely trigger mandatory OSHA compliance obligations – even though the EPA standards themselves...more

Allen Matkins

California Environmental Law & Policy Update 5.8.26

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) will soon propose softening limits on per- and polyfluoroalkyl substances (PFAS) in drinking water, delaying but retaining tough standards for two common PFAS (PFOA and PFOS) and...more

Beveridge & Diamond PC

How EPA Reviews Mixed Metal Oxides Used in Battery Cathode Active Materials

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The U.S. Environmental Protection Agency (EPA) has provided new insight into how it reviews mixed metal oxides (MMOs), including cathode active materials (CAMs) and modified or doped CAMs, under the Toxic Substances Control...more

MG+M The Law Firm

New Contaminants Identified in EPA's CCL 6 Signify a Shift in Drinking Water Regulations

MG+M The Law Firm on

Overview of Additions to CCL 6 - On April 2, 2026, the United States Environmental Protection Agency (EPA) announced that per- and polyfluoroalkyl substances (PFAS), microplastics, pharmaceuticals, and disinfection...more

Bergeson & Campbell, P.C.

EPA Seeks Comment on Interim PFAS Destruction and Disposal Guidance

The U.S. Environmental Protection Agency (EPA) announced on April 28, 2026, the availability of an update to the April 16, 2024, interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl...more

Bergeson & Campbell, P.C.

EPA Announces Release of Draft Fungicide Strategy and Seeks Public Comment

On May 1, 2026, the U.S. Environmental Protection Agency (EPA) announced that it released the draft Fungicide Strategy (Strategy) as part of EPA’s obligations under the Endangered Species Act (ESA) and the Federal...more

McGuireWoods LLP

Environmental Vanguard: May 2026 Edition

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Environmental Vanguard is a quarterly newsletter from McGuireWoods, sharing key insights from our leading environmental attorneys and consultants at the forefront of regulatory, litigation and policy developments. This issue...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Recycling and Emission Reduction Regulation Enforcement/Clean Air Act: United States Department of Justice and National Grocery...

The United States Department of Justice (“DOJ”) and the Kroger Co. (“Kroger”) entered into an April 29th Consent Decree (“CD”) in the United States District Court for the Southern District of Ohio addressing alleged...more

Goldberg Segalla

Appellate Court Upholds Monsanto Victory, Citing Plaintiff’s Evidentiary Failures

Goldberg Segalla on

On April 29, 2026, the California Sixth Appellate District unanimously affirmed a 2023 defense judgement issued by the trial court in the case of Jones v. Monsanto Co. in which the plaintiff, Bruce Jones, alleged that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: National Wildlife Federation Comments Addressing U.S. EPA Proposed Certification Rule

The National Wildlife Federation (“NWF”) submitted February 17th comments to the United States Environmental Protection Agency (“EPA”) on the agency’s proposed rule addressing the certification process under Section 401 of...more

Beveridge & Diamond PC

Federal Shifts, Local Impacts: Insights from B&D’s Texas Environmental Law Roundtable

On April 14, Beveridge & Diamond’s Texas Environmental Law Roundtable convened a wide-ranging group of attorneys, regulators, industry representatives, and nonprofit stakeholders in Houston to examine how federal policy...more

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