Accident Reporting

New Chemical Release Reporting Rule

Air

CARB Delays Rulemaking on California Climate LawsCARB Releases List of Entities Potentially Subject to Climate Disclosure Requirements

Air Quality

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT DefinitionCalifornia Law Highlights the Need to Prepare for Climate Disclosures

Air Toxics

EPA’s Final Industrial Boiler Rule Raises Controversial TopicsCoal Plant Demolition Triggers Illinois Air Quality Lawsuit

Army Corps of Engineers

New Guidance on the Endangered Species Act for Existing StructuresArmy Corps Finalizes Modified and New Nationwide Permits, Including for Certain Hydropower Projects

BACT

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

California

CARB Kicks Off Holiday Season with Release of Proposed Initial Rule Implementing California Climate Disclosure Laws CARB Delays Rulemaking on California Climate Laws

CCR

Environmental Groups Voluntarily Dismiss Their Untimely Challenge to “Part B” CCR Rule RevisionsEnvironmental Groups Challenge “Part B” Revisions to CCR Rule

Chemicals

EPA Proposes to Scale Back TSCA PFAS Reporting RuleIllinois EPA Proposes PFAS Standards

Clean Air Act (CAA)

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT DefinitionEPA Makes Major Changes to Risk Management Program Under Clean Air Act

Clean Water Act

EPA's Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in TimelinesCitizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Climate Change

CARB Delays Rulemaking on California Climate LawsCARB Releases List of Entities Potentially Subject to Climate Disclosure Requirements

Coal Ash

EPA Announces Key CCR Policy Amid Alternative Closure DeterminationsEnvironmental Groups Voluntarily Dismiss Their Untimely Challenge to “Part B” CCR Rule Revisions

COVID-19

EPA Declines to Revise Air Quality Standards for Particulate Matter and OzonePersonal Protective Equipment Disposal Management in the Workplace

DOJ

Keeping Track of the Trump Executive ActionsNew DOJ CWA Enforcement Guidance

Drinking Water

EPA Withdraws Cybersecurity Rule for Public Water SystemsMichigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

Electric Utilities

Keeping Track of the Trump Executive ActionsEPA's New Carbon Standards for Power Plants Require Quick Decisions

Electricity Industry

EPA Proposes Significant Expansion to Interstate Ozone Transport RegulationsWelcome Back! These Are the Air Topics That Will Make News in 2022

Emergency Response

Atlantic Richfield v. Christian Limits Property Owner Claims for Restoration Damages at Superfund SitesNew Chemical Release Reporting Rule

Emerging Contaminants

EPA Declines to Set Drinking Water Limits for PerchlorateNew Jersey Adopts Stringent PFAS Drinking Water Rules and Adds Compounds to List of Hazardous Substances

Endangered Species

Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 RulesDéjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Environmental Enforcement

Illegal Eagles: DOI Sinks Its Talons Even Deeper Into Wind EnergyRenewables in the Crosshairs: DOI and DOT Announce Numerous New Anti-Wind and Solar Orders and Policies

Environmental Justice

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?New Jersey Moves Forward with Implementation of First-of-Its-Kind Environmental Justice Statute

Environmental Litigation

Court Order Hobbles Challenge to California’s Climate Disclosure LawsA Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Environmental Site Assessments

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryEPA and OSHA Publish Annual Inflation Adjustments to Civil Penalty Amounts

EPA

EPA's Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in TimelinesEPA Proposes to Scale Back TSCA PFAS Reporting Rule

EPR

California Proposes Significant Changes to Product Packaging Regulations

ESG

CARB Kicks Off Holiday Season with Release of Proposed Initial Rule Implementing California Climate Disclosure Laws CARB Delays Rulemaking on California Climate Laws

FDA

Sanitizing Hand Sanitizer — Managing FDA-Recalled Hand Sanitizer

FERC

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical ExclusionsSupreme Court of California Finds FERC License Preempts Challenge to FERC Order

FIFRA

EPA Seeks to Expedite COVID-19 Disinfectant Long-Lasting Efficacy Claims Approvals

Greenhouse Gas

CARB Delays Rulemaking on California Climate LawsCARB Releases List of Entities Potentially Subject to Climate Disclosure Requirements

Groundwater

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryNJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation Cases

Guidance

Twin Killings: Executive Orders Put Existing Energy Regulations in the CrosshairsPenalizing Unavoidable Air Emissions: The Fight Over SSM Continues

Hazardous Waste

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryNew York's Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

Hydropower

One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower ProjectsFERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

Industries

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryKeeping Track of the Trump Executive Actions

Infrastructure

Keeping Track of the Trump Executive ActionsInfrastructure Bill Provides Opportunities for Hydroelectric Industry

Liquefied Natural Gas (LNG)

Keeping Track of the Trump Executive ActionsFERC Overhauls Existing Pipeline Project Analysis, Creates Separate Interim GHG Policy for Gas Infrastructure Projects

Litigation

Trump ESA Rules VacatedHydropower Industry Teams With Tribes, Conservation Organizations to Develop Legislative Package for Licensing Reform

Mining Industry

EPA Proposes Second Round of CCR Rule AmendmentsSupreme Court Summarily Affirms Judgment of Ninth Circuit Decision on Pivotal Case Related to Tribal Treaty Fishing Rights

Mobile Sources

Agencies Release Final Rule on Passenger Vehicle Fuel Economy

NEPA

President Trump Moves to Repeal NEPA Regulations

New Source Review

EPA Shifts Policy on Construction Prior to an Air PermitEPA Engages in Flurry of NSR-Related Actions as 2019 Draws to a Close

News and Knowledge

EPA Adopts Measures to Improve the Transparency of Significant Agency GuidanceSEC Releases COVID-19 Disclosure Guidance for Public Companies

Oil and Gas Exploration

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryKeeping Track of the Trump Executive Actions

Permits

Spin Doctor: Court Strikes Down Wind Permitting Freeze As Illegal

Pesticides

EPA Seeks to Expedite COVID-19 Disinfectant Long-Lasting Efficacy Claims Approvals

PFAS

EPA Proposes to Scale Back TSCA PFAS Reporting RulePFAS Regulatory Landscape Update — The Message? Stay Tuned.

Pharmaceutical

"Unauthorized Waste" Reporting Under EPA’s Hazardous Pharmaceutical Waste RuleFinal EPA Rule Specific to Hazardous Waste Pharmaceuticals is on its Way

Pipelines

Keeping Track of the Trump Executive ActionsEPA Proposes Significant Expansion to Interstate Ozone Transport Regulations

Proposition 65

California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 ListingCalifornia Proposes to Significantly Limit the Use of Proposition 65 Short-Form Warning

RCRA

U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRAEPA Publishes Annual Inflation Adjustments to Civil Penalty Amounts

Regional Haze

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

Release Reporting

New York's Spill Reporting Revisions Could Significantly Impact Environmental Due DiligenceNatural Gas Processors to Report to EPA's Toxic Release Inventory Beginning 2023

Retail

"Unauthorized Waste" Reporting Under EPA’s Hazardous Pharmaceutical Waste RuleEPA Finalizes Rule to Limit Refrigerant Program to Ozone Depleting Substances

Rulemaking

EPA Proposes to Scale Back TSCA PFAS Reporting RuleCARB Delays Rulemaking on California Climate Laws

Sacred Sites

Federal Agencies Sign Memorandum of Understanding for the Protection of Indigenous Sacred Sites

Safe Drinking Water Act

NJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation CasesEPA Proposes Class VI Primacy Approval for Louisiana

Section 401

EPA's Clean Water Act Certification Proposal to Significantly Impact Hydropower LicensingCourt Decision to Vacate, Remand State Water Quality 401 Certification Rule

State Attorneys General

Are Plastics the New PFAS?EPA Cybersecurity Rule Challenged by States and Water Systems Associations

Supreme Court

SCOTUS Rulings Upend the Administrative Law LandscapeClean Air Act Amendments Minimally Impact EPA's Authority to Pass Climate Change Regulation

Transactions

New York's Spill Reporting Revisions Could Significantly Impact Environmental Due DiligenceNew York City Enacts Sweeping Climate Package

Tribal Lands

EPA Proposes Water Quality Standards Revisions Requiring Consideration of Tribal Treaty RightsHydropower Industry Teams With Tribes, Conservation Organizations to Develop Legislative Package for Licensing Reform

Troutman Pepper

SEC Releases COVID-19 Disclosure Guidance for Public CompaniesLaw360 Reports Additions to Troutman Sanders’ Environmental and Litigation Practices

TSCA

EPA Proposes to Scale Back TSCA PFAS Reporting RuleEPA Publishes Annual Inflation Adjustments to Civil Penalty Amounts

Uncategorized

Illegal Eagles: DOI Sinks Its Talons Even Deeper Into Wind EnergyCARB Releases FAQs Addressing Upcoming California Climate Disclosures

Waste

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryCalifornia Sets Stage to Improve Hazardous Waste Management

Waste and Land

EPA Proposes to Scale Back TSCA PFAS Reporting RuleNew Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

Wastewater

EPA Sets Screening Levels for Five PFAS CompoundsEPA Issues Long-Awaited Update to CWA Financial Capability Assessment

Water

EPA's Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in TimelinesUS Army Corps of Engineers Finalizes 2026 Nationwide Permit Package

WOTUS

Navigating a New WOTUS Definition: Agencies Redefine the LineBiden Administration Presses Forward With Revised WOTUS Rule