News & Analysis as of

Environmental Protection Agency (EPA) Draft Guidance

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

Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered/Threatened Species and Designated Critical Habitats...

The United States Environmental Protection Agency (“EPA”) released on July 25th a document titled: Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated...more

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

FY 2025-2026 Draft National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of...

The National Association of Clean Air Agencies (“NACAA”) sent a June 10th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2025-2026 National Program Guidance...more

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

U.S. Environmental Protection Agency Draft Maui Guidance Memorandum/Clean Water Act: U.S. Small Business Administration Office of...

The United States Small Business Administration Office of Advocacy (“SBA”) submitted December 21st comments addressing the United States Environmental Protection Agency’s (“EPA”) document titled: Draft Guidance...more

Beveridge & Diamond PC

EPA Issues Aggressive Interpretation of Maui Supreme Court Decision in Latest Draft Guidance

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The U.S. Environmental Protection Agency (EPA or Agency), on November 27, 2023, released its draft guidance addressing its proposed interpretation to apply the Supreme Court decision in County of Maui v. Hawaii Wildlife Fund,...more

Maynard Nexsen

EPA Drafts New Guidance on County of Maui’s “Functional Equivalent” Test

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On November 20, 2023, the U.S. Environmental Protection Agency (EPA) issued Draft Guidance, again attempting to interpret the Supreme Court decision in County of Maui v. Hawaii Wildlife Fund and describe in practical terms...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper on

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

Holland & Knight LLP

EPA Issues Guidance on Maui Factors

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The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more

Dechert LLP

Dechert Re:Torts - Issue 9

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Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims - As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more

Bergeson & Campbell, P.C.

EPA Announces Release of Guidance for the Evaluation of Products for Claims against Viruses

By Heather F. Collins, M.S. and Lisa R. Burchi On July 17, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of draft guidance for the evaluation of products for claims against viruses. This new...more

Bergeson & Campbell, P.C.

EPA Releases Draft Guidance for Pesticide Application Submissions That Require Endangered Species Act Reviews and Seeks Public...

On May 17, 2023, the U.S. Environmental Protection Agency (EPA) announced it released, and is seeking public comment on, draft guidance that claims to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for...more

Smith Gambrell Russell

EPA Publishes Draft “Cumulative Risk” Assessment Procedures Under TSCA

Smith Gambrell Russell on

The EPA has release a proposed guidance document for conducting cumulative risk assessments (“CRA”) under the Toxic Substances Control Act (“TSCA”). The guidance is designed to assist the EPA to characterize and quantify the...more

ArentFox Schiff

EPA’s Office of Environmental Justice and External Civil Rights Compliance Office Issues Draft National Program Guidance

ArentFox Schiff on

The US Environmental Protection Agency’s (EPA) Office of Environmental Justice (OEJ) and External Civil Rights Compliance Office issued draft guidance (Draft Guidance) on June 2, 2022, outlining how EPA intends to integrate...more

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

Analysis of PFAS in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS: U.S. Environmental Protection Agency Issues Draft...

The United States Environmental Protection Agency (“EPA”) has issued Draft Method 1633 (“Draft Method”) titled: Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by...more

Schwabe, Williamson & Wyatt PC

Murky Waters: Assessing EPA’s Draft Guidance on Groundwater Regulation After the Maui County Decision

Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v....more

WilmerHale

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

WilmerHale on

The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more

Maynard Nexsen

EPA Drafts Guidance on County of Maui’s “Functional Equivalent” Test

Maynard Nexsen on

On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #2

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New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more

Best Best & Krieger LLP

EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund

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Clarity Provided for New “Functional Equivalent” Test - Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more

Holland & Hart LLP

EPA Draft Guidance on County of Maui, Hawaii v. Hawaii Wildlife Decision

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Today, the Environmental Protection Agency (“EPA”) published notice of draft guidance (the “Draft Guidance”) intended to assist regulated entities and permitting authorities in applying the United States Supreme Court’s...more

Bracewell LLP

EPA Draft Guidance Memorandum on the Application of County of Maui

Bracewell LLP on

On December 8, 2020, the U.S. Environmental Protection Agency (“EPA”) released a draft guidance memorandum (“Draft Guidance”) to provide guidance to the regulated community and permitting authorities, including the EPA, on...more

Bergeson & Campbell, P.C.

EPA Seeks Comments on Updated Draft Guidance for Pesticide Registrants on Plant Regulators and Claims, Including Plant...

On November 24, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of, and requested comments on, the updated Draft Guidance for Plant Regulator Products and Claims, Including Plant Biostimulants...more

Bergeson & Campbell, P.C.

EPA’s Draft Residual Efficacy Protocols for “Long-Lasting” Efficacy for Antiviral Products

On October 14, 2020, the U.S. Environmental Protection Agency (EPA) released a much-anticipated draft guidance that will allow companies to demonstrate that their products have “long-lasting” or “residual” effectiveness on...more

Bergeson & Campbell, P.C.

EPA Announces Expedited Pathway for Companies to Claim “Long-Lasting” Efficacy for Antiviral Products

On October 14, 2020, the U.S. Environmental Protection Agency (EPA) released much-anticipated draft guidance that will allow companies to demonstrate that their products have “long-lasting” or “residual” effectiveness on...more

Bergeson & Campbell, P.C.

EPA Announces Guidance to Waive Toxicity Tests on Animal Skin

On October 7, 2020, the U.S. Environmental Protection Agency (EPA) announced that it is requesting comments on its draft guidance that would allow registrants, in certain circumstances, to forgo testing chemicals on animal...more

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