EPA
-
New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges
The California Office of Administrative Law (OAL) recently approved a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages. Continue reading
-
Proposed Fugitive Emissions Amendments Bring Clarity to Major Source Permitting Requirements
On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. Continue reading
-
A Risky Dance: When Emerging Contaminants Comingle With CERCLA Hazardous Substances
The distinction between CERCLA hazardous substances and all else, including pollutants or contaminants, is important because CERCLA liability is triggered by the existence of a “hazardous substance” at a site, nothing else. Continue reading
-
U.S. EPA Offers Roadmap for Environmental Justice-Based Permit Denials
On August 16, 2022, U.S. EPA released its Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ) that provides guidance to federal, state, and local environmental permitting programs on integrating environmental justice (EJ) and civil rights into relevant environmental permitting decisions. Continue reading
-
West Virginia v. EPA: The Major Questions Doctrine Arrives to Rein in Administrative Powers
On the final day of its 2022 term, the Supreme Court issued its highly-anticipated opinion in the case of West Virginia v. EPA, 579 U.S. __ (2022), addressing EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”), but having much broader implications for the authority of all administrative agencies, signaling a… Continue reading
-
How Low Can You Go—U.S. EPA Attempts to Answer that Question With New PFAS Health Advisory Levels
U.S. EPA issued its long anticipated interim updated drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that replace previous health advisories for these per- and polyfluoroalkyl substances (PFAS) that had been set at 70 parts per trillion (ppt). Continue reading
-
U.S. EPA Updates Regional Screening Levels to Add Five New PFAS Chemicals
On May 18, 2022, U.S. EPA updated its Regional Screening Level tables to include five new per- and polyfluoroalkyl substances (PFAS). The five new PFAS compounds added to the RSL tables are hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA – sometimes referred to as GenX chemicals), perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic… Continue reading
CERCLA, Climate Change, Contamination, Emerging Contaminants, Groundwater, RCRA, Sustainability, WaterAgency for Toxic Substances and Disease, ammonium salt, CERCLA, Contamination, Corporate Environmental Lawyer, EPA, GenX chemicals, hexafluoropropylene oxide dimer acid, HFPO-DA, industrial soil, Jenner & Block, perfluorononanoic acid, perfluorooctanesulfonic acid, perfluorooctanoic acid, PFAS, PFHxS, PFNA, PFOA, PFOS, Polyfluoroalkyl, RCRA, Regional Screening Level, remediation, RSL, Steven M. Siros, tap water -
“Silent Spring” and the Life Cycle of Emerging Contaminants
On the 60th anniversary of the publication of Rachel Carlson’s groundbreaking book “Silent Spring”, the world continues to struggle to manage the human health and environmental risks associated with newly discovered emerging contaminants. Continue reading
Climate Change, Consumer Law and Environment, Contamination, Emerging Contaminants, Groundwater, Sustainability, TSCA, Water1, 4-dioxane, asbestos, chemicals, Corporate Environmental Lawyer, DDT, dioxin, Earth Week, Emerging Contaminants, environment, EPA, global stewardship, Groundwater, human health, Jenner & Block, MTBE, PCB, pesticides, PFAS, Rachel Carlson, Silent Spring, soil, Steven M. Siros, strategic roadmap, TSCA -
Earth Week Series: The Future of Environmental Regulation
As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years ago in 1970, and has been tasked with promulgating and enforcing some of the most complex regulations… Continue reading
-
Earth Week Series: Imagine a Day Without Environmental Lawyers
On this 52nd anniversary of Earth Day, I am not writing yet another, typically not very funny, riff on one of Shakespeare’s most famous lines.[1] Instead, I am inspired by one of the most popular of our blogs, written in 2017 by our talented former partner, E. Lynn Grayson, “Imagine a Day Without Water.” To… Continue reading