Corporate Environmental Lawyer
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Heightened Risk to the Regulated Community: U.S. EPA Overfiling
In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a steel plant should at a minimum cause the regulated community to be cautious when entering into settlement agreements with state… Continue reading
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PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances
On January 10, 2022, U.S. EPA forwarded a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Although not unexpected since this was a key element of U.S. EPA’s PFAS Strategic Roadmap, U.S. EPA’s proposed rule is unique… Continue reading
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U.S. EPA Finalizes Fifth UCMR—PFAS Remain in the Regulatory Bullseye
On December 20, 2021, U.S. EPA finalized its Fifth Unregulated Contaminant Monitoring Rule (UCMR) that will require public water systems (PWS) to collect monitoring data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Continue reading
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New PFAS Additions to the Proposition 65 List
Over the past week, several new per- and polyfluoroalkyl substances (PFAS) have been added to California’s Proposition 65 list. In March 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) selected perfluorooctane sulfonate (PFOS) and its salt and transformation and degradation precursors for evaluation by California’s Carcinogenic Identification Committee (CIC). OEHHA also selected perfluoronanoic acid (PFNA) and… Continue reading
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U.S. EPA Releases its PFAS Strategic Roadmap
On Monday, October 18, 2021, U.S. EPA released its PFAS Strategic Roadmap (Roadmap) outlining the agency’s three-year strategy for addressing per- and polyfluoroalkyl substances (PFAS). The Roadmap notes that U.S. EPA cannot solve the problem of “forever chemicals” by tackling only one route of exposure or one use at a time. Continue reading
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The Need to Be Green: Focus on Environmental Sustainability Can Inure to Bottom Line for Cannabis Industry
A recent article published in Politico highlights some of the potential impacts of cannabis production on the environment. As the production of cannabis accelerates across the United States, it is becoming increasingly likely that the environmental impacts of cannabis production will become more regulated especially in the areas of energy use and water reliance. Continue reading
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Great Lakes Cleanup Part of Infrastructure Package?
As part of the infrastructure package that was just approved on a bi-partisan basis by the Senate and now moves on to the House, the Great Lakes Restoration Initiative (“GLRI”) could receive approximately $1 billion for the remediation of impacted site and waterways in the Great Lakes region. Continue reading
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EPA Issues Stop Sale Order for COVID-19 Disinfectant
On July 8, 2021, U.S. EPA issued a Stop Sale, Use or Removal Order (SSURO) for SurfaceWise2, one of only two “durable” disinfectants that had been previously approved for emergency use. In August 2020, U.S. EPA issued the first ever Federal Insecticide, Fungicide and Rodentcide Act (FIFRA) public health emergency waiver for a surface disinfectant,… Continue reading
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California’s COVID-19 Workplace Safety Standard May Be Revised on Short Notice
On May 20, 2021, the California Occupational Safety and Health Standards Board (“Board”) held a public meeting to consider revisions to the State’s COVID-19 emergency temporary standard (“ETS”), which had been the applicable law for California workplaces since November 30, 2020. Continue reading
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Supreme Court Procedural Clarity Provides Win for Industry in Climate Case
On May 17, 2021, the United States Supreme Court ruled 7-1 that the Fourth Circuit should have considered all of the fossil fuel companies’ grounds for removal to federal court in the BP PLC, et al. v. Mayor and City Council of Baltimore case. Continue reading