On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more
Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more
Texas AG Ken Paxton and the U.S. Department of Justice reached a settlement with chemical companies E.I. du Pont de Nemours and Co. and Performance Materials NA, Inc. (collectively “DuPont”) to resolve numerous allegations of...more
Operators in the nascent cannabis industry have a lot to worry about on a daily basis, but compliance with state and federal environmental laws hasn’t been an issue of concern for most. Instead, they’re concerned about...more
In a first, U.S. declares shortage on Colorado River, forcing water cuts - The New York Times – August 16 - With climate change and long-term drought continuing to take a toll on the Colorado River, the federal Bureau of...more
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Water - Drinking and Groundwater - Interested Party Review Regarding Revisions to Laboratory Certification Rules: The Department of Drinking and Ground Water (DDAGW) seeks...more
OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Air - Stakeholder Input Requested on Rules – OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards: Ohio EPA...more
Focus - Governor Newsom vetoes bill aimed at stopping federal environmental rollbacks - San Francisco Chronicle – September 27 - Governor Gavin Newsom last Friday vetoed SB 1, a bill sponsored by state Senate...more
Ohio EPA Rulemakings And Announcements - Water - Drinking and Groundwater Division of Drinking and Ground Waters (DDAGW) Proposed Rulemaking Regarding Public Water Systems: DDAGW seeks comments on its proposed rulemaking...more
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more
The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more
EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more