News & Analysis as of

Environmental Protection Agency (EPA) USEPA

Lowenstein Sandler LLP

States Petition the USEPA To List Certain PFAS Compounds as Clean Air Act Hazardous Air Pollutants

In another step toward broader regulation of per- and polyfluoroalkyl substances (PFAS), on August 29, 2024, New Jersey, New Mexico, and North Carolina (the States) submitted a petition (Petition) urging the United States...more

Seyfarth Shaw LLP

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

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Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Jenner & Block

Embracing Environmental Justice Initiatives to Advance Corporate Objectives

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Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

Lowenstein Sandler LLP

USEPA Proposes Strict PFAS Drinking Water Standards

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In 2018, New Jersey became the first state to establish a maximum contaminant level (MCL)1 for per- and polyfluorinated alkyl substances (PFAS).2 Now, nearly five years later, the U.S. Environmental Protection Agency (USEPA...more

Lowenstein Sandler LLP

USEPA Drills Down on Industry-Specific PFAS Issues and Progresses to Broader PFAS Regulation

For some time now, the U.S. Environmental Protection Agency (USEPA) has been evaluating several industrial point sources for discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater and leachate. On January 31,...more

King & Spalding

USEPA Releases a Cumulative Impacts Addendum to its Environmental Justice Tool Kit

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On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 Legal Tools To Advance Environmental Justice, providing EPA and its tribal, state, and local...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

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The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

Greenberg Glusker LLP

[Webinar] Key CA Environmental Regulatory Developments that May Impact Your Real Estate Assets or Investment Opportunities -...

Greenberg Glusker LLP on

This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more

Jenner & Block

Proposed Fugitive Emissions Amendments Bring Clarity to Major Source Permitting Requirements

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On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more

Maron Marvel

Navigating PFAS "Reopener" Liabilities

Maron Marvel on

In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more

Fox Rothschild LLP

EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and...

Fox Rothschild LLP on

Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s...more

Fox Rothschild LLP

USEPA’s National PFAS Datasets Compile and Integrate State and Federal Data, but Gaps Remain

Fox Rothschild LLP on

The US Environmental Protection Agency (USEPA) has made available a collection of National PFAS Datasets, which collects a variety of PFAS data from different state and federal sources on one convenient webpage. ...more

Vedder Price

USEPA’s Temporary Policy Suspending Enforcement Terminates August 31, 2020

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On June 29, 2020, USEPA issued a memorandum on a termination addendum to the COVID-19 temporary enforcement policy. USEPA has selected August 31, 2020, as the termination date for the temporary enforcement policy, as it...more

Foley Hoag LLP - Environmental Law

EPA Must Produce Any Agency Records Supporting Administrator Pruitt’s Statement that Human Activity Is Not the Largest Contributor...

June 1, 2018, EPA was ordered to produce documents, in response to a FOIA request, on which Administrator Pruitt relied in stating on CNBC that: “I would not agree that [carbon dioxide] is a primary contributor to the global...more

McNees Wallace & Nurick LLC

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

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

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...more

Foley Hoag LLP - Environmental Law

Should Courts Defer to EPA’s Scientific Expertise if EPA Gets Rid of Its Expertise?

Earlier this week, the 9th Circuit Court of Appeals rejected challenges to the Federal Implementation Plan EPA promulgated after finding that Arizona’s regional haze State Implementation Plan was inadequate. I think that the...more

Foley Hoag LLP - Environmental Law

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

Spilman Thomas & Battle, PLLC

USEPA and Army Corps of Engineers Release Final Clean Water Rule

On May 27, 2015, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) released their long-awaited final rule defining the scope of “waters of the United States”...more

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