News & Analysis as of

USEPA

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Lowenstein Sandler LLP

PFAS–The Great Reopener: USEPA Warns It May Reopen Closed Sites for PFAS Contamination

Lowenstein Sandler LLP on

Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site. Upon receipt of the documents, responsible parties can often...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

Jenner & Block on

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

Jenner & Block

Client Alert: Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Jenner & Block on

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

Lowenstein Sandler LLP on

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 and California Environmental Agencies Release a 2023 EJ Enforcement Action Plan

King & Spalding on

On September 10, 2021, EPA Region 9 and California EPA (CalEPA) entered into a Memorandum of Understanding (MOU) on Collaborative Efforts on Enforcement and Compliance Assurance in Overburdened Communities. Implementing this...more

King & Spalding

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

King & Spalding on

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

King & Spalding on

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

Snell & Wilmer

Environmental Justice Grants Available for Qualifying Air-Related Projects

Snell & Wilmer on

The U.S. Environmental Protection Agency (USEPA) issued a Request For Applications (RFA) on January 10, 2023, for projects “supporting community-based nonprofit organizations (CBO’s) in their efforts to collaborate and...more

Snell & Wilmer

USEPA Releases Updated Environmental Justice Related Legal Guidance

Snell & Wilmer on

Further building upon its Environmental Justice (EJ) Legal Tools, on January 11, 2023, the U.S. Environmental Protection Agency (USEPA) released the Cumulative Impacts Addendum updating its existing legal guidance for...more

Snell & Wilmer

USEPA Proposes New Particulate Matter Air Quality Standard

Snell & Wilmer on

The U.S. Environmental Protection Agency (USEPA) announced on January 6, 2023, that it is proposing to modify the National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5). The current annual primary...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

Jenner & Block on

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

Maron Marvel

Recent Food Packaging Lawsuits Against Fast Food Giants are Supersizing PFAS Litigation

Maron Marvel on

The recent growth of litigation involving per- and polyfluoroalkyl substances (PFAS) has focused on firefighting foam, cosmetics cases, and industrial sites using and disposing of PFAS-containing materials. Now, emboldened by...more

Hodgson Russ LLP

Updated Alert on Revised ASTM Standard

Hodgson Russ LLP on

Background: - In November 2021, the American Society of Testing and Material’s (“ASTM”) environmental assessment, risk management, and corrective action committee (“E50”) released E1527-21, a revised standard for...more

Maron Marvel

Will “Waters of the United States” Drown Private Property in More Regulation in 2022?

Maron Marvel on

Will private landowners’ property fall under more regulation as part of the definition of “waters of the United States?” Will land near, but that does not front, a large body of water be subject to the wetlands regulations of...more

Fox Rothschild LLP

Delaware’s Maximum Contaminant Levels for PFOA and PFOS Expected by this Summer

Fox Rothschild LLP on

On October 20, 2021, Delaware Governor John Carney signed into law House Bill 8, which is enacted as Delaware’s Drinking Water Protection Act (29 Del. C. §§ 8090-8094). The Act contains two primary directives requiring:...more

Husch Blackwell LLP

More Than Just Lip Service: How Companies Can Make Environmental Commitments That Reduce Business Risk while Saving Money and the...

Husch Blackwell LLP on

As part of the “E” or environmental component of Environmental, Social, and Governance principles, companies of all sizes are making environmental commitments a part of their business vision and practice, leading to...more

Goulston & Storrs PC

Revised Phase I ESA Standard Released by ASTM

Goulston & Storrs PC on

ASTM International released its revised standard for Phase I Environmental Site Assessments on November 1, 2021. The new standard (ASTM E1527-21) updates the 2013 version of the standard (ASTM E1527-13), which is widely used...more

Lowenstein Sandler LLP

American Society for Testing and Materials Adds PFAS Guidance to Phase I Due Diligence Standard

On November 1, 2021, the American Society for Testing and Materials (ASTM) approved changes to its Phase I Environmental Site Assessment (ESA) standard to include guidance on when per- and polyfluoroalkyl substances (PFAS)...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

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Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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