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by Mitchell J. Klein In a memo to agency leadership sent earlier this month, EPA Administrator Michael Regan rescinded practices that were instituted by one of his Trump-era predecessors, Scott Pruitt, to eliminate what has been referred to by some … Continue reading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

by Patrick J. Paul On December 18, 2020, EPA issued interim guidance (available here and here) designed to protect the public from exposure to emerging chemicals of concern.  More particularly, that interim guidance outlines the current state of science on techniques … Continue reading

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The Rush is On for Jurisdictional Determinations

by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. … Continue reading

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EPA Announces New Office of Mountains, Deserts, and Plains

by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new … Continue reading

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