On December 2, 2023, the United States Environmental Protection Agency (EPA) issued the pre-publication version of its Final Rule for standards of performance in the Oil and Natural Gas sector. The original proposed rule, published on November 15, 2021, sought to strengthen methane standards for new sources (New Source Performance Standards or NSPS), establish nationwide … Continue Reading
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
The Environmental Law Institute will host its seventh annual Toxic Substances Control Act (TSCA) Reform conference on Thursday, June 29, 2023 from 8:00 a.m. – 5:30 p.m. ET. In this webinar, panelists will discuss challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the TSCA stands today. Topics will include risk … Continue Reading
On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading
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
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
In 2022, US EPA indicated that it would take a more aggressive stance on per- and polyfluoroalkyl substances (PFAS). US EPA developed a PFAS Strategic Roadmap for 2021-2024 that sets timelines by which US EPA plans to take specific actions and sets out its three main directives: 1) research PFAS exposure; 2) restrict PFAS from … Continue Reading
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
A recording of TSCA Developments and US EPA Updates, the first webinar in our two-part 2022 Chemicals Workshop webinar series in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we reviewed US EPA’s implementation of the Toxic Substances Control Act (TSCA), including proposed “whole chemical” determinations and other Biden … Continue Reading
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
While the US has begun considering the implications of the US Supreme Court’s monumental June 28, 2022 opinion addressing air emissions from power plants, without much fanfare US EPA sent a proposed rulemaking to the White House Office of Management & Budget (OMB) for pre-publication interagency review that could be significant for “major source” air … Continue Reading
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 United States Environmental Protection Agency (US EPA) continues to advance various aspects of its chemicals regulatory agenda under the Toxic Substances Control Act (TSCA). A key part of the Biden Administration’s revisions to the TSCA program is its planned new screening approach for assessing ambient air and water exposures to fenceline communities. This screening … Continue Reading
On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42 … Continue Reading
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
Our team at Squire Patton Boggs continues to track recent regulatory developments for the heavy-duty vehicle and engine sector. In our last blog post on this topic, we covered US EPA’s Cleaner Trucks Initiative, the California Air Resources Board’s (CARB’s) heavy-duty engine and vehicle omnibus regulation, and CARB’s Advanced Clean Trucks Regulation. US EPA Heavy-Duty … Continue Reading
Following up on Squire Patton Boggs’s continuing coverage of the critical minerals industry, we examine some recent reforms in the federal permitting process which aim to ease supply-side constraints by expediting the development and exploitation of critical minerals. Rapidly mounting geopolitical tensions, East/West decoupling, and longstanding supply chain stresses underlie a new reality—global logistics now … Continue Reading
During his campaign and with several Executive Orders issued during his first week in office, President Biden made clear that environmental justice (EJ) reforms are a priority of his Administration. So, where are we one year into his Presidency? This post provides a brief update on federal programs, initiatives and policies aimed at environmental justice … Continue Reading
One man’s trash is another man’s treasure. In this case, one man’s solid waste, commercial and industrial waste, biomass, plastics, tires, and organic contaminants are another man’s energy, fuel, and commodity chemicals thanks to waste conversion technologies generally known as pyrolysis and gasification. For years, these waste conversion technologies have been regulated under a patchwork … Continue Reading
It’s déjà vu all over again. Over the course of more than thirty years, EPA and industry partners successfully wound down usage of ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) under the Significant New Alternatives Policy (SNAP) in Title VI of the Clean Air Act, enacted following the 1987 Montreal Protocol. Under SNAP, HCFCs and CFCs … Continue Reading
On Monday, the White House released its statement of administration policy (SAP) threatening to veto the proposed clean energy package from the House of Representatives (H.R. 4447). Trump Administration policy advisors argued that the legislation would reinstate “big government policies and programs” and “undermine the Administration’s regulatory agenda.” Specifically, the SAP criticizes workforce development provisions … Continue Reading
We are continuing to follow regulatory developments proposed for the heavy-duty vehicle and engine sector. In our most recent blog post on the topic, we covered updates on timing for the United States Environmental Protection Agency (US EPA) Cleaner Trucks Initiative and the California Air Resources Board’s (CARB) efforts related to Heavy-Duty Low NOx Omnibus … Continue Reading
In a little over a couple of months, the COVID-19 outbreak has dramatically altered the landscape of business. Companies are struggling to cope with massive uncertainty and an array of unforeseen challenges, including everything from supply chain and revenue disruptions caused by reduced consumer demand, to staffing shortages, travel restrictions, business closures, and other such … Continue Reading
On April 20, 2020, the US Supreme Court issued its much-anticipated decision in Atlantic Richfield Co. v. Gregory Christian. In short, the Court held that the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) does not strip Montana state courts of jurisdiction over landowners’ claims for restoration damages; but the Court also held … Continue Reading
