EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.
The EPA’s recent decision to put Perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, on its…
by Patrick Paul
On April 10, 2024, President Biden’s Environmental Protection Agency (EPA) has recently finalized a significant rule addressing per- and polyfluoroalkyl substances (PFAS) in drinking water, marking the first time that legally enforceable drinking water standard to protect communities from exposure to PFAS have been issued. Concurrent with the final rule, EPA published…
by Patrick Paul, Shawane Lee, and John Habib
The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing Stay) This move, which was announced on April 1, 2024, comes as a surprise…
The Arizona Department of Environmental Quality (“ADEQ”) filed suit against a company alleging that it was violating an Administrative Consent Order (“ACO”). What made the lawsuit unusual was that ADEQ also sued 3 individual officers of the company, alleging that because the company was small, the individual Officers and Board members were each “operators” and…
by Patrick Paul, Shawane Lee, and John Habib
In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the Environmental Protection Agency (EPA) over its new PM-2.5 standard. The petition for review…
by Patrick Paul; Shawane Lee; John Habib
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final climate disclosure rules sparking a range of reactions within the business and environmental communities. These changes represent a significant shift in the regulatory landscape for public companies, particularly regarding the reporting of climate-related…
On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting the complex interplay of environmental justice, political considerations, and regulatory challenges. EPA first proposed the…
In a significant move designed to enhance public health, the U.S. Food and Drug Administration (FDA) has announced that the sale of per- and polyfluoroalkyl substances (PFAS) used in grease-proofing food packaging has ceased in the United States. (USFDA Announcement) This decision targets the major source of dietary exposure to PFAS, which are found in…
Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon.
…
Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act (CWA). Believing that this new rule was urgently needed in light of the recent U.S. Supreme Court eviscerating the…
