News & Analysis as of

Greenhouse Gas Emissions Comprehensive Environmental Response, Compensation and Liability Act

Proskauer Rose LLP

A New Horizon: State Climate Superfund Laws

Proskauer Rose LLP on

On July 1, 2024, Vermont’s Climate Superfund Act (S 259) went into effect. The law, which is the first of its kind, imposes strict liability on fossil fuel extractors and crude oil refiners who are accountable for 1 billion...more

Foley Hoag LLP - Environmental Law

Vermont Enacts a "Climate Superfund Act" - Uh-Oh!

Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more

Mintz - ML Strategies

Hot EPA Issues Heading into the Election Year

Mintz - ML Strategies on

As we head into the 2024 election season, Congress and the executive branch continue to advance various policies related to the Environmental Protection Agency (EPA). In addition to the Fiscal Year 2025 appropriation for the...more

Jenner & Block

Environmental Regulations to Watch in 2024

Jenner & Block on

Several federal agencies, including the United States Environmental Protection Agency, Federal Trade Commission, Department of the Interior, and Securities and Exchange Commission, have a slew of pending environmental...more

ArentFox Schiff

Meeting New Challenges: Environmental, Energy, and ESG Issues to Watch in 2024

ArentFox Schiff on

The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

Jones Day on

On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

Allen Matkins

ESG on the Rise

Allen Matkins on

Companies are facing increased federal, state, and public scrutiny regarding environmental, social, and governance (ESG) issues. Amidst this momentum, it is important for companies operating in all sectors to address ESG...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Jenner & Block

Earth Week Series: The Future of Environmental Regulation

Jenner & Block on

As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more

BCLP

PFAS Update: EPA’s Strategic Roadmap for PFAS

BCLP on

On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more

Jenner & Block

PFAS Linked to Climate Change According to Environmental NGO

Jenner & Block on

In the latest attack on per- and polyfluoroalkyl substances (PFAS), a recent report issued by the environmental group, Toxic-Free Future (TFF), seeks to link PFAS utilized in the manufacture of food packaging to the release...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2021

TSCA/FIFRA/TRI - Lynn L. Bergeson Publishes “The importance of regulatory diligence in funding,” In Financier Worldwide, April 2021: Lawyers counselling companies in the biotechnology, biopesticide, and related crop...more

Williams Mullen

Federal Court Holds CERCLA Reporting Exemption Applies to Releases in Excess of Air Permit Limits |...

Williams Mullen on

A federal court in Pennsylvania recently ruled a U.S. Steel Corp. manufacturing facility was not required under CERCLA to notify federal authorities of releases to the air in excess of emission limits in its air permits. This...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2020

TSCA/FIFRA/TRI - Certain PFAS Added To The TRI: Effective January 1, 2020, 160 per- and polyfluoroalkyl substances (PFAS) were added to the list of chemicals covered by the Toxics Release Inventory (TRI) under Section 313...more

(ACOEL) | American College of Environmental...

12 Legal Tools to Push Climate Preparedness

We know that, mostly as a result of climate change, extreme weather events are becoming more frequent and severe.  Reducing greenhouse gas emissions should be the highest priority, but that won’t be enough to prevent severe...more

BCLP

PFAS Bill Passes House Committee

BCLP on

On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2019

TSCA/FIFRA/TRI - EDF Reports That EPA Has “Muzzled” SACC: The Environmental Defense Fund (EDF) published a September 16, 2019, blog item entitled “EPA’s latest move to deflect criticism of its TSCA risk evaluations: Muzzle...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2019

TSCA/FIFRA/TRI - EPA Issues Final SNUR For Asbestos, Will “Close Loophole And Protect Consumers”: On April 25, 2019, EPA issued a final significant new use rule (SNUR) for asbestos using the definition in Title II, Section...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2019

TSCA/FIFRA/TRI - EPA Sued To Issue Pending Methylene Chloride Prohibition Rule: On January 14, 2019, in the U.S. District Court for the District of Vermont, the Vermont Public Interest Group; Safer Chemicals, Health...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2019

TSCA/FIFRA/TRI - EPA Proposes Joint Stipulation In Ellis Case Requiring EPA To Issue ESA Effects Determinations For Two Neonicotinoid Pesticides: On December 12, 2018, EPA announced a proposed joint stipulation and proposed...more

Jackson Walker

EPA Proposes Rule to Exempt Farm Animal Waste Reporting

Jackson Walker on

In a new effort to clarify the breadth of exemptions for farm animal waste emission reporting, EPA has proposed a rule that exempts such emissions from the reporting requirements under the Emergency Planning and Community...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2018

TSCA/FIFRA/TRI - EPA Issues Two Direct Final Rules Promulgating SNURs For 29 Chemicals: On August 27, 2018, EPA issued two direct final rules promulgating significant new use rules (SNUR) under TSCA. The first direct final...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2018

TSCA/FIFRA/TRI - EPA OIG Finds Opportunities Exist To Improve CDR Rule: On July 27, 2018, EPA’s Office of Inspector General (OIG) issued a report entitled EPA’s Chemical Data Reporting Rule Largely Implemented as Intended,...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2018

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

Ruder Ware

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

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