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Environmental Law and Policy Monitor

Analysis and commentary on developments in environmental and natural resources law

Topics

Accident Reporting

New Chemical Release Reporting Rule

Air

CARB Workshop on Climate Disclosure Laws: More Questions Than AnswersNew Executive Order Challenges State Climate Laws

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 Workshop on Climate Disclosure Laws: More Questions Than AnswersCalifornia’s AB 550:  A Blueprint for Balancing Development and Species Conservation

CCR

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

Chemicals

Illinois EPA Proposes PFAS StandardsEPA Declines to Set Drinking Water Limits for Perchlorate

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

Citizen Suits and Larger Penalties May Be the Future of California Water Quality ProtectionsEPA Advances PFAS Strategic Roadmap With Proposed Drinking Water Standards

Climate Change

CARB Workshop on Climate Disclosure Laws: More Questions Than AnswersCourt Order Hobbles Challenge to California’s Climate Disclosure Laws

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

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESACalifornia’s AB 550:  A Blueprint for Balancing Development and Species Conservation

Environmental Enforcement

President Trump Moves to Repeal NEPA RegulationsKeeping Track of the Trump Executive Actions

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

PFAS Regulatory Landscape Update — The Message? Stay Tuned.Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

EPR

California Proposes Significant Changes to Product Packaging Regulations

ESG

CARB Workshop on Climate Disclosure Laws: More Questions Than AnswersNew Executive Order Challenges State Climate Laws

FDA

Sanitizing Hand Sanitizer — Managing FDA-Recalled Hand Sanitizer

FERC

Supreme Court of California Finds FERC License Preempts Challenge to FERC OrderFERC Denies Interior's Requirement for Ongoing Species Notifications

FIFRA

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

Greenhouse Gas

CARB Workshop on Climate Disclosure Laws: More Questions Than AnswersNew Executive Order Challenges State Climate Laws

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

Keeping Track of the Trump Executive ActionsFish and Wildlife Service Announces Funding Grants for Fish Passage

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

Pesticides

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

PFAS

PFAS Regulatory Landscape Update — The Message? Stay Tuned.Recent Executive Action May Impact PFAS Regulation

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

CARB Workshop on Climate Disclosure Laws: More Questions Than AnswersOne-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

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 Publishes Annual Inflation Adjustments to Civil Penalty AmountsEPA Publishes Preliminary List of Manufacturers Subject to TSCA Risk Evaluation Fees

Uncategorized

Empire Wind 1 Stop-Work Order Targets Offshore Wind but Raises Questions for Other IndustriesFirst Day Presidential Directives May Have Broad Implications for Wind Industry

Waste

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

Waste and Land

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

Wastewater

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

Water

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P IndustryCitizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

WOTUS

Biden Administration Presses Forward With Revised WOTUS RuleBiden Administration Presses Forward With Revised WOTUS Rule
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