So, What Exactly Is A Water Of The U.S.?

by Patrick J. Paul The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust.  The … Continue reading

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Supreme Court Grants Cert On GHG Regulation Of Power Plants

by Patrick J. Paul On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American … Continue reading

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What Will EPA Do with Its New Superfund Money?

by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to … Continue reading

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Bipartisan Infrastructure Package Passes the Senate

by Amanda A. Reeve Arizona’s Senior U.S. Senator Kyrsten Sinema is credited as being instrumental in negotiating the $1.2 trillion infrastructure package, H.R. 3684, entitled “Investing in a New Vision for the Environment and Surface Transportation in America Act (“INVEST in … Continue reading

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U.S. House Passes PFAS Action Act of 2021

by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021.  The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting … Continue reading

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Delaware Companies Agree to $50 Million PFAS Settlement

by Patrick J. Paul In what has been described by some as a landmark environmental justice resolution, on July 13, 2021, Delaware-based companies DuPont, Chemours and Corteva agreed to pay Delaware $50 million according to a settlement reached in connection with … Continue reading

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Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental … Continue reading

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Environmental Justice Coming into Focus Under Biden’s USEPA

by Amanda Reeve and Lucas J. Narducci In its June 25, 2021 Press Release, the U.S. Environmental Protection Agency (“USEPA”) presented its plan for utilizing $50 million dollars, allocated to the agency under the American Rescue Plan Act of 2021/Covid-19 … Continue reading

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Environmental Justice: A Focus in Criminal Enforcement

by Amanda Reeve and Lucas J. Narducci The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals.  … Continue reading

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Environmental Justice: A Focus in Air Toxics Data Reporting

by Lucas J. Narducci & Amanda A. Reeve We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice.  Rather than a major new … Continue reading

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