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Environmental Protection Agency (EPA) Regulatory Reform Biden Administration

Stinson LLP

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

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On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

ArentFox Schiff

Environmental Justice Update: EPA Updates EJ Equity Action Plan

ArentFox Schiff on

The Biden Administration’s efforts to address environmental justice (EJ) concerns continue. This month, US Environmental Protection Agency (EPA) has announced modifications to EPA’s Equity Action Plan....more

Jenner & Block

Justice Department Issues First-Ever Comprehensive Environmental Justice Enforcement Strategy Report

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On October 13, 2023, the U.S. Department of Justice’s Office of Environmental Justice (OEJ) released its Comprehensive Environmental Justice Enforcement Strategy Report (Report). The Report outlines what OEJ considers to be...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Nossaman LLP

Biden Administration Finalizes Updated WOTUS Rule

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On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more

ArentFox Schiff

Is Environmental Justice at a Crossroads? Three Issues to Watch in Fall 2023

ArentFox Schiff on

More so than any other issue, environmental justice (EJ) remains a central pillar of the Biden Administration’s regulatory agenda. Below, we’ll answer three EJ-related questions that the regulated community may struggle with...more

ArentFox Schiff

Administrative Law Update: Status Update on Federal OMB’s Proposed Revisions to Circular A-4

ArentFox Schiff on

The Biden Administration is in the process of revising a cog fundamental to federal policymaking. The cog, a guidance document issued by the Office of Management and Budget’s (OMB) entitled Circular A-4, has the potential to...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Manatt, Phelps & Phillips, LLP

The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United States

For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...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

Polsinelli

Guidance for the ‘Burden of Cybersecurity Compliance’ Emerges

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Two months ago, the White House released its National Cybersecurity Strategy.  Since then, various government agencies have issued new cybersecurity guidance for certain critical infrastructure subsectors.  For example, the...more

Eversheds Sutherland (US) LLP

Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations

In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more

Morgan Lewis

EPA Announces Creation of Office of Environmental Justice and External Civil Rights

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US Environmental Protection Agency Administrator Michael Regan announced on September 24 that the agency is establishing a new national office focused on advancing environmental justice and civil rights....more

Stinson LLP

Biden Administration Takes Concrete Steps to Prioritize Environmental Justice

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The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more

Jenner & Block

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice...

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On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more

Jones Day

EPA Issues Stringent Greenhouse Gas Emissions Standards for Passenger Cars and Light Trucks

Jones Day on

On December 30, 2021, the U.S. Environmental Protection Agency ("EPA") published a final rule (the "Final Rule") setting revised greenhouse gas emissions standards for passenger cars and light-duty trucks with model years...more

Goldberg Segalla

Is There Still Lead in My Water?

Goldberg Segalla on

In December 2021, the EPA announced new lead and copper rule improvements for drinking water. These rule improvements come on the heels of a prior extension of the final rule from June 2021. ...more

Robinson+Cole Environmental Law +

EPA Announces Additional Actions to Advance Environmental Justice Efforts

Throughout the first year of the Biden-Harris Administration, Environmental Justice (EJ) has been a focus of the U.S. Environmental Protection Agency. As I wrote about in November 2021, since January 2021 EPA has released...more

Jenner & Block

EPA Plans to Improve Lead and Copper Drinking Water Rule While Facing Legal Challenge from States

Jenner & Block on

EPA faces continuing pressure to improve the way it protects communities from lead in drinking water. One focus of the current EPA has been the Lead and Copper Drinking Water Rule Revisions (“LCRR”), promulgated under the...more

Davis Wright Tremaine LLP

Time to Get the Lead Out: Implementation of the Lead Pipe Removal Program

Although the toxicity of lead has been known for a century, the United States still lags in controlling lead in drinking water. Lead exposure has been known to cause brain damage, with impacts to intelligence and impulse...more

Jones Day

EPA Proposes Methane Emission Regulation for Existing Oil and Gas Production

Jones Day on

After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more

Nossaman LLP

Biden-Harris Administration Announces Updated Plan to Address PFAS Chemicals

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On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a...more

Robinson+Cole Environmental Law +

EPA’s Draft Strategic Plan Emphasizes Environmental Justice

On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities...more

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