EPA Orders Derailment Clean Up

by Patrick J. Paul On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company … Continue reading

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EPA Announces $42 Million PFAS Aid to Arizona

by  Patrick J. Paul According to EPA’s press release, $5 billion is scheduled for investment over five years to help communities that are on the frontlines of PFAS contamination reduce PFAS in drinking water.  The initial allotment of $42 million … Continue reading

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USEPA Proposes New Particulate Matter Air Quality Standard

by Amanda Reeve 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 (health-based) NAAQS for PM2.5 … Continue reading

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EPA’s Clean Power Plan Struck Down by SCOTUS

by Michael C. Ford In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production.  The “Clean Power Plan” (“CPP”) rule … Continue reading

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EPA Removes Obstacles to “Sue and Settle”

by Mitchell J. Klein In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by some … Continue reading

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Environmentalists File Notice of Intent to Sue Regarding Regional Haze

by Amanda A. Reeve On February 7, 2022, Sierra Club, et al. filed a Notice of Intent to File Suit (“NOI”) over  the Unites States Environmental Protection Agency’s (“USEPA”) supposed failure to perform its duties under the Clean Air Act … Continue reading

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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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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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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 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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