News & Analysis as of

Environmental Protection Agency (EPA) New Rules Environmental Policies

A&O Shearman

EPA takes sweeping action on PFAS in 2024

A&O Shearman on

The U.S. Environmental Protection Agency (EPA) recently took two significant actions on per- and polyfluoroalkyl substances (PFAS). First, it issued final National Primary Drinking Water Regulations (NPDWR) for six PFAS...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Troutman Pepper

States Sue the EPA Over New Emissions Rule

Troutman Pepper on

A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more

White & Case LLP

US EPA lists two PFAS aka “forever chemicals” as Hazardous Substances under CERCLA

White & Case LLP on

On April 19, 2024, the US Environmental Protection Agency (“US EPA”) announced its final rule designating two per- and polyfluoroalkyl substances (“PFAS”), namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Lippes Mathias LLP

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

Lippes Mathias LLP on

On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the...more

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

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

Jenner & Block

EPA Issues Stringent Emissions Standards for Light- and Medium-Duty Vehicles

Jenner & Block on

On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of...more

Jones Day

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

Jones Day on

On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

Troutman Pepper

EPA Withdraws Cybersecurity Rule for Public Water Systems

Troutman Pepper on

The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in...more

Dickinson Wright

Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

Dickinson Wright on

On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more

Jenner & Block

New EPA Rule Removes Emergency Defense Waiver in Title V Air Permits

Jenner & Block on

On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more

Goldberg Segalla

EPA Revises National Contingency Plan to Assist with Oil Spill Responses

Goldberg Segalla on

In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from...more

Troutman Pepper

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA

Troutman Pepper on

As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage...more

Goldberg Segalla

No Resolution in Sight for WOTUS Definition

Goldberg Segalla on

The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every...more

Sullivan & Worcester

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

Sullivan & Worcester on

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

Sheppard Mullin Richter & Hampton LLP

EPA Endorses New Standard for Phase I Environmental Site Assessments

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I...more

Pillsbury - Policyholder Pulse blog

EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response

Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more

Mintz

Hope is not a strategy when it comes to fixing the Clean Water Act

Mintz on

Bloomberg News reports this morning that the Justice Department has now done in California what it did in Massachusetts a few weeks ago, asking a Federal Court to end litigation challenging the Trump Administration EPA's...more

Jackson Walker

EPA Rolls Back Portions of Methane Rule

Jackson Walker on

On August 13, 2020, the U.S. Environmental Protection Agency (EPA) issued two rules (Policy Amendments and Technical Amendments) to roll back portions of its 2012 and 2016 New Source Performance Standards (NSPS) for the Oil...more

Farella Braun + Martel LLP

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification...more

Allen Matkins

California Environmental Law & Policy Update - May 2020

Allen Matkins on

New draft SCAQMD rule imposes compliance obligations regarding indirect source emissions from warehouses - Bullet Allen Matkins – April 24 - The South Coast Air Quality Management District (SCAQMD) recently released a...more

Foley & Lardner LLP

Hold Your Water – Navigating the New Rule Defining "Waters of the United States"

Foley & Lardner LLP on

On January 23, 2020, the Department of the Army Corps of Engineers and the U.S. Environmental Protection Agency finalized a rule redefining the scope of federal regulatory jurisdiction over “waters of the United States.” ...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

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On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes New Rule

On January 23rd the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the finalization of a new rule addressing the Clean Water Act definition of Waters of the...more

Seyfarth Shaw LLP

EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans

Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more

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