News & Analysis as of

Environmental Protection Agency (EPA) Environmental Policies Rulemaking Process

ArentFox Schiff

ESG Update: Five Considerations Driving Environmental Regulation (No Matter Who Wins the Election)

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Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more

Perkins Coie

Unpacking Packaging Extended Producer Responsibility Laws

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As environmental consciousness grows, so too do regulations aimed at promoting a more circular economy. Within the last few years, the United States has seen a significant increase in extended producer responsibility (EPR)...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Harris Beach PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

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On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more

Troutman Pepper

EPA Makes Major Changes to Risk Management Program Under Clean Air Act

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On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three...more

Robinson+Cole Manufacturing Law Blog

EPA Seeks Public Comment on Environmental Justice Guidance

The EPA is seeking comments on a newly released, revised guidance document regarding the consideration of environmental justice (EJ) concerns in the rulemaking process. The guidance document updates a 2016 version and...more

Troutman Pepper

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

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On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Wiley Rein LLP

EPA’s Mandatory PFAS Reporting Rule Under TSCA Includes Thousands of Products, No Exemptions for Impurities or Imported Articles

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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more

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

Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2023 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). The Agenda includes information addressing: EPA...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Williams Mullen

Environmental Notes - April 2023

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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

Akerman LLP

WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

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Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more

Goldberg Segalla

EPA Being Pushed Off the Fence on Coal Ash

Goldberg Segalla on

With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

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On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Burr & Forman

Waters of the United States: Back to the Future

Burr & Forman on

On December 30, 2022, EPA and the U.S. Army Corps of Engineers (Corps) (together the Agencies) issued a prepublication version of the latest definition of Waters of the United States (WOTUS). It will become effective when...more

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

Spring 2022 Unified Agenda of Regulatory/Deregulatory Actions: Projected U. S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released the Spring 2022 Semiannual Agenda of Regulatory and Deregulatory Actions (“Agenda”) in an August 8th federal register notice. See 87 Fed. Reg. 48332...more

Womble Bond Dickinson

EPA’s Spring 2022 Regulatory Agenda Updates Actions for PFAS Strategic Roadmap

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On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

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On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Nossaman LLP

EPA Announces Regional WOTUS Roundtables

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On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding...more

Williams Mullen

Environmental Notes - January 2022

Williams Mullen on

New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

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During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more

Stinson LLP

The EPA Reverts to Pre-2015 Definition in Proposed WOTUS Revision

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On December 7, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) took their latest stab at clarifying the jurisdiction of the Clean Water Act (CWA), proposing (another) new definition of...more

Burr & Forman

The Continuing WOTUS Saga

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On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”)....more

Nossaman LLP

The Next Chapter of the WOTUS Saga is Here

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On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more

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