Katherine Wenner

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US EPA’s Draft Revisions to Technical Guidance for Assessing Environmental Justice in Regulatory Analysis

Our team at Squire Patton Boggs monitors environmental justice (EJ) developments and provides periodic updates regarding environmental justice topics.  Recently, US EPA released draft revisions to its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (EJ Technical Guidance), and US EPA is currently seeking public comments through January 15, 2024.  … Continue Reading

Biden Administration Finalizes Greenhouse Gas Target Rule that is Likely to Draw Challenges

The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure.  The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes … Continue Reading

Heavy-Duty Regulatory Update: Reviewing US EPA’s Waiver for CARB’s Advanced Clean Trucks Regulations and US EPA’s Proposed Phase 3 GHG Emissions Standards

Our team at Squire Patton Boggs monitors developments surrounding the heavy-duty vehicle and engine sector.  Our last blog post on this topic covered updates on US EPA’s proposed Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and California Air Resources Board’s (CARB’s) rulemaking for off-road diesel engine regulations.  In this … Continue Reading

Reviewing US EPA’s New Cybersecurity Evaluation Requirements in Sanitary Surveys Conducted at Public Water Systems

Previously, we discussed the Biden-Harris Administration’s emphasis on cybersecurity in the water utility sector.  This month, the Administration continued that trend by issuing a final memorandum interpreting the regulatory requirements pertaining to public water system (PWS) sanitary surveys to require that states evaluate operational technology for cybersecurity when conducting the periodic sanitary surveys.  A fact … Continue Reading

Environmental Justice for All: Expanding the US Environmental Justice Movement Through Permitting Decisions

Our team at Squire Patton Boggs continues to track environmental justice matters as the landscape evolves according to Biden Administration executive orders.  We have previously posted on environmental justice considerations in affordable housing and have updated readers on environmental justice initiatives under the Biden Administration.  This post explores how environmental justice considerations under Title VI … Continue Reading

The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward

As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement agreements moving forward.  DOJ received comments through July 11, 2022 on its interim final rule to revoke the Trump-era regulation that prohibited payments to non-governmental, … Continue Reading

Furthering the Biden Administration’s Environmental Goals Using the Farm, Ranch, and Rural Communities Advisory Committee

Recently, in celebration of National Agriculture Day, US EPA Administrator Regan announced that US EPA had rechartered its Farm, Ranch & Rural Communities Advisory Committee (FRRCC).  Administrator Regan simultaneously announced a new charge topic for the FRRCC as well. The FRRCC was developed in 2007 and focuses on providing policy advice, information, and recommendations to … Continue Reading

The Trend Toward Heightened Cybersecurity for the US Water Utility Sector

With high-profile cybersecurity attacks in 2021 such as those at Colonial Pipeline and JBS Foods, there is no doubt that cybersecurity is of utmost importance to our nation, and cybersecurity for our water sector is no exception.  The potential ramifications of a cyber attack on the water industry are disconcerting—in one 2021 attack, hackers accessed … Continue Reading

US Safe Drinking Water Act Section 1441: A Tool to Combat Supply Chain Issues for Public Water Systems and POTWs

As the United States continues experiencing nationwide supply chain issues, it comes as little surprise that these problems are also impacting the availability of drinking water and wastewater treatment chemicals.  Public water systems (PWSs) and publicly owned treatment works (POTWs) have reported shortages of gaseous chlorine as well as other critical chemicals and supplies.  US … Continue Reading
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