Air
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EPA Issues Stringent Emissions Standards for Light- and Medium-Duty Vehicles
On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of greenhouse gases (“GHGs”), hydrocarbons, non-methane organic gases (“NMOG”), nitrogen oxides (“NOx”), and fine particulate matter (“PM2.5”) from new passenger cars, light… Continue reading
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Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically overburdened communities and those disproportionately impacted by health and environmental stressors. President Biden then capped the week off by issuing an Executive Order on Revitalizing… Continue reading
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Maine Proposed Rule Provides Further Reporting Clarity for Products and Product Components Containing PFAS

On February 14, 2023, the Maine Department of Environmental Protection (MDEP) issued a proposed draft rule that provides guidance on reporting requirements and sales prohibitions for products and product components containing intentionally added Per- and Polyfluoroalkyl substances (PFAS). This proposed rule comes on the heels of two prior MDEP concept drafts and public hearings attended… Continue reading
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Industry Organization Challenges EPA Cross State Air Pollution Rule

As the saying goes, “no good neighbor rule goes unpunished.” Thus, the latest attempt by the U.S. Environmental Protection Agency (“EPA”) to promulgate a Revised Cross-State Air Pollution Rule (“CSAPR”) Update under the “good neighbor provision” of the Clean Air Act and in response to the D.C. Circuit’s remand of the previous version of the… Continue reading
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Biden Administration Takes New Action to Ensure Increased Consideration of Climate Change Impacts by the Federal Government

On Friday, February 19, 2021, the Council on Environmental Quality (“CEQ”) rescinded prior draft guidance issued under the Trump Administration in 2019 (the “2019 Draft CEQ Guidance”), which had restricted the need for federal agencies to consider and quantify climate change impacts under the National Environmental Policy Act (NEPA). Continue reading
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U.S. EPA Embraces Prior Administration’s PFAS Drinking Water Proposals
On February 22, 2021, U.S. EPA announced that it was moving forward with implementation of several regulatory proposals issued in the waning days of the Trump Administration. First, U.S. EPA announced that it was finalizing its regulatory determination under the Safe Drinking Water Act (SDWA) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Continue reading
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Lawsuit Filed Challenging DOJ’s Policy on Supplemental Environmental Projects
On October 8, 2020, the Conservation Law Foundation filed a lawsuit challenging a DOJ policy that barred the use of supplemental environmental projects (SEPs) in federal enforcement settlements with private parties. Continue reading
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Supreme Court Grants Review on Key Climate Change Case
On Friday, October 2, 2020, the United States Supreme Court granted a writ of certiorari to review of a decision by the Fourth Circuit Court of Appeals holding that climate change litigation brought against various fossil fuel were not subject to federal court subject matter jurisdiction. Continue reading
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California Becomes First State to Ban PFAS in Cosmetics
On August 30, 2020, the California legislature passed the Toxic Free Cosmetics Act making California the first state to ban certain chemicals from cosmetics. Governor Newson signed the bill into law on October 1, 2020. Continue reading

