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US EPA Proposed Clean Air Act Endangerment Finding Targets Aviation Fuel

Lead was once a common additive in fuels, paints, glasses, batteries, pipes, ceramics, and more.  As the health effects of lead exposure came to be better known, Congress and EPA began targeting lead pollution under a variety of laws and regulations governing air and water pollution, including the Toxic Substances Control Act, Residential Lead-Based Paint … Continue Reading

UK Government Proposes 1,000 Fold Increase in Fines for Water Companies

The number of pollution incidents allegedly perpetrated by water companies in the UK has risen sharply in the last few years. On 3 October 2022, the UK Government shared proposals to raise the maximum cap on civil penalties for pollution incidents to unprecedented levels – from £250,000 up to £250 million per violation. If retained … Continue Reading

US EPA Launches Initiative to Streamline the Review Process for Certain Electric Vehicle and Clean Energy Chemicals

On October 5, 2022, the U.S. Environmental Protection Agency (EPA) announced its intent to streamline the review process of mixed metal oxides (MMOs).  MMOs are a key component in lithium-ion batteries, which are used in electric vehicles and other clean energy initiatives, including in semi-conductors, and renewable energy generation and storage, such as in solar … 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

US EPA Resurrects Long-Dormant DINP Rulemaking

While rulemakings under the Administrative Procedure Act typically take several years from proposal to enactment, that can vary significantly.  While some rules run a fairly standard course, others languish for years with no action nor any apparent reason for inaction.  EPA’s recent revival of a proposed rule that is now, were it a person, old … 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

US EPA Announces Drinking Water Health Advisories for Certain PFAS Chemicals

On June 15, 2022, US EPA issued its prepublication notice announcing final drinking water health advisories for PFBS and GenX, as well as interim drinking water health advisories for PFOA and PFOS.1 In this publication, we discuss US EPA’s recent announcement and consider how it could impact industries moving forward: Drinking Water Advisory Levels for … Continue Reading

US States Charge Into the Future with Federal Support for EV Charging Infrastructure

Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law.  The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable, … Continue Reading

New EU Ecodesign law – “Making sustainable products the norm” or empty shell?

At the end of March, the European Commission (Commission) presented the Sustainable Products Initiative (SPI) as part of a ‘Circular Economy Package I’, together with a Sustainable Textiles Strategy, and proposals for a new directive empowering consumers for the green transition (please see Sustainability Outlook March 2022), and a new Construction Products Regulation. In its … 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

Environmental Justice Consideration in Affordable Housing

Environmental justice has a natural connection to affordable housing programs.  It remains, however, a broad and somewhat elusive term.  There is no formal definition of environmental justice in US federal law.  However, relevant agencies have developed working descriptions for the term.  US EPA generally defines it as “fair treatment and meaningful involvement of all people … Continue Reading

A “Made in America” Supply Chain for Critical Minerals

The Biden administration recently announced major investments in the domestic production of key critical minerals and materials. The minerals targeted by the Administration are the rare earth elements, lithium, and cobalt—found in products from personal rechargeable electronics and television screens, to household appliances, as well as those used in clean energy technologies like batteries, electric … Continue Reading

February 2022 Update: EU Sustainability Outlook: Key Developments In EU Sustainability Law and Policy

Our European Public Policy team is pleased to share with you our monthly newsletter, Sustainability Outlook – European Union which looks at key developments in EU sustainability law and policy. This month’s edition includes the following:… 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
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