In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17.
Continue Reading New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due DiligenceEPA Cybersecurity Rule Challenged by States and Water Systems Associations
On July 25, Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works Association and National Rural Water Association (the water associations), petitioned the Eighth Circuit to review the U.S. Environmental Protection Agency’s (EPA) new rule requiring states to review and report cybersecurity threats to their public water systems (PWS).
Continue Reading EPA Cybersecurity Rule Challenged by States and Water Systems AssociationsPlaintiffs and 3M Given August 28 Deadline to Respond to State AGs’ Opposition to $12.5B Settlement in the PFAS Multidistrict Litigation
Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.
Continue Reading Plaintiffs and 3M Given August 28 Deadline to Respond to State AGs’ Opposition to $12.5B Settlement in the PFAS Multidistrict LitigationFive State AGs Write Amicus Letter Concerning Environmental Settlement
Posted in PFAS, State Attorneys General
On August 7, California Attorney General Rob Bonta led a coalition of five state attorneys general (AGs) in filing an amicus letter concerning a proposed class action settlement between DuPont, Chemours, and Corteva, and water providers for $1.185 billion. The AGs contend the settlement amount is far too low given the scope of environmental contamination and health impacts caused by Dupont’s decades-long manufacture and sale of per- and polyfluoroalkyl substances (PFAS) compounds.
Continue Reading Five State AGs Write Amicus Letter Concerning Environmental SettlementNebraska and Iowa AGs Sue Biden Administration’s EPA for Failing to Fulfill Sale of Year-Round E15 Gasoline
On August 7, Nebraska Attorney General (AG) Mike Hilgers and Iowa AG Brenna Bird joined forces to sue the Biden administration’s Environmental Protection Agency (EPA) for failing to fulfill the request by Iowa and Nebraska governors to allow the sale of year-round E15 gasoline.
Continue Reading Nebraska and Iowa AGs Sue Biden Administration’s EPA for Failing to Fulfill Sale of Year-Round E15 GasolineCoalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.
Continue Reading Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS SettlementWill EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?
By Anna Wildeman on
Posted in Water
A filing in a California federal court indicates that EPA is planning to apply its new Clean Water Act section 401 certification rule to all certification requests, including those that are currently pending and that were submitted in accordance with the 2020 Certification Rule. If EPA attempts to retroactively apply its new rule to pending certification requests, it will guarantee immediate litigation and the challengers will have a strong likelihood of success.
Continue Reading Will EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones
By Andrew Perel & Buck Dixon on
On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of Completion (COC) milestones and affordable housing deadlines. With respect to BCP submittals, the letter emphasizes the importance of applicants making the submittals necessary to obtain COCs in a timely manner, and warns that failure to do so could result in insufficient time for the NYSDEC to issue COCs by the end of the year. Pursuant to the letter, applicants must meet the following milestones:
Continue Reading NYSDEC Sends Letter Outlining Upcoming BCP Submittal MilestonesTennessee AG Sues More Than 20 PFAS Manufacturers
Posted in PFAS, State Attorneys General
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
Continue Reading Tennessee AG Sues More Than 20 PFAS ManufacturersThirteen Democratic AGs Encourage EPA to Adopt Stricter Standards for Ethylene Oxide
Posted in EPA, State Attorneys General
On June 27, Illinois AG Kwame Raoul led a coalition of 13 Democratic attorneys general nationwide in submitting a letter to the Environmental Protection Agency (EPA), supporting more stringent regulation of ethylene oxide (EtO) emissions. In their letter, the coalition urged the EPA to adopt proposed amendments to EtO standards under the National Emission Standards for Hazardous Air Pollutants program (NESHPA), and also offered several recommendations for more regulatory requirements “based on several states’ experiences regulating commercial sterilizers.”
Continue Reading Thirteen Democratic AGs Encourage EPA to Adopt Stricter Standards for Ethylene Oxide