News & Analysis as of

Rulemaking Process Environmental Protection Agency (EPA)

Bergeson & Campbell, P.C.

Setting the Record Straight: New Chemical Review Needs Scientists

On May 2, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the “[n]ext phase of organizational improvements to better integrate science into agency offices.” As part of this reorganization...more

Bergeson & Campbell, P.C.

Court Grants EPA’s Request for Abeyance, Denies EPA’s Request for Voluntary Remand in Challenge to Risk Evaluation Rule

As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3,...more

Beveridge & Diamond PC

EPA Extends Comment Period on Draft Risk Assessment for PFOA and PFOS in Biosolids

Update: EPA will now accept public comments on its Draft Sewage Sludge Risk Assessment for Perfluoroctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) until August 15, 2025. Interested parties may submit comments at...more

Bergeson & Campbell, P.C.

EPA Announces Release of Final Insecticide Strategy

On April 29, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of its final Insecticide Strategy (Strategy), available here. EPA states in the Strategy that it is “intended to create a consistent,...more

BCLP

PFAS Announcement; Administrator Zeldin Signals Continuation of EPA Objectives

BCLP on

On April 28, 2025, EPA Administrator Zeldin issued the Agency’s most comprehensive statement since Trump’s inauguration regarding how EPA plans to address PFAS compounds under a variety of ongoing regulatory programs (“EPA...more

Venable LLP

U.S. EPA Delineates PFAS Plans

Venable LLP on

The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Update: Regulatory Notes – April 2025

April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more

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

PM 2.5/Clean Air Act: Environmental Organizations Joint Letter to U.S. EPA Opposing Revisiting NAAQS

One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more

Pillsbury - Gravel2Gavel Construction & Real...

Presidential Memo Directs Immediate Repeal of Regulations Without Public Notice and Comment

Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Snell & Wilmer

Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

Snell & Wilmer on

As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

Bergeson & Campbell, P.C.

EPA Postpones Effective Date of Certain Provisions of TCE Risk Management Rule to June 20, 2025

On April 2, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is postponing the effectiveness of certain provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until...more

McCarter & English, LLP

New Executive Order Seeks to Sunset Key Energy Regulations

President Trump signed on April 9, 2025 an executive order titled Zero-Based Regulatory Budgeting to Unleash American Energy that seeks to deregulate the energy industry by directing various governmental agencies–the...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

King & Spalding on

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Williams Mullen

Drumming Up a Change? EPA’s Review of the RCRA “Empties” Rule and Its Impact on Generators and the Drum Reconditioning Industry

Williams Mullen on

EPA recently initiated a rulemaking process aimed at reviewing how empty industrial drums are regulated under the Resource Conservation and Recovery Act (RCRA). This is a move which could have significant implications for...more

Williams Mullen

Exceptional Events Part of North Carolina Particulate Air Quality Attainment Designation

Williams Mullen on

Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality  Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...more

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

RCRA Guidance Letter/Military Munitions Rule: U.S. Environmental Protection Agency Addresses Manifest Exemption for Geographically...

The United States Environmental Protection Agency (“EPA”) Office of Resource Conservation Recovery addressed in a March 6th Resource Conservation and Recovery Act (“RCRA”) guidance letter a request from the University of...more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Pillsbury - PFAS Observer

EPA Signals Potential PFAS Policy Pivot Under New Administrator

In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more

Holland & Knight LLP

Clean Air Act Rulemakings Don't Follow the Normal Rules – Just Ask the Supreme Court

Holland & Knight LLP on

Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more

Goldberg Segalla

EPA Introduces New Email Account for Regulated Community to Request Presidential Exemption

Goldberg Segalla on

The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”)....more

Jones Day

The Future of EPA's Risk Management Program May Be Found in History

Jones Day on

The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more

Bergeson & Campbell, P.C.

EPA Argues for Remand of Final Rule Amending Risk Evaluation Framework

On March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3, 2024, final rule amending the procedural...more

Beveridge & Diamond PC

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule (Updated)

Beveridge & Diamond PC on

This alert was originally published on March 20, 2025, and has been revised based on recent developments. Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to...more

Beveridge & Diamond PC

EPA Seeks Stakeholder Feedback for Implementation of WOTUS

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On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...more

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