The U.S. Environmental Protection Agency (EPA) has recently announced its federal enforcement priorities for the years 2024 to 2027. This crucial development comes as a decision made on the heels of confirming the U.S. EPA’s assistant administrator within the Office of Enforcement and Compliance Assurance. Every four years, the U.S. EPA selects its National Enforcement…
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Agencies) released an immediate, revised definition of the “waters of the United States” (WOTUS) on August 29, 2023. This new rulemaking is a direct response to the recent Supreme Court ruling in the Sackett v. EPA case. In Sackett v. EPA,…
As summer temperatures surge and so-called ‘heat dome’ weather phenomena become more frequent, increasing environmental concerns are pushing corporations to reevaluate their carbon footprints. Much of the discourse around this issue is not novel – we’re familiar with the calls to drive less, recycle more, and curb our consumption of plastics. However, an often-overlooked contributor…
On May 25, 2023, in Sackett v. Environmental Protection Agency, the U.S. Supreme Court issued a decision that has significantly affected the long-debated definition of “waters of the United States” and, by extension, the jurisdictional scope of the Clean Water Act (CWA). In response to this ruling, the U.S. Environmental Protection Agency (EPA) and the…
In a major step towards streamlining the energy sector, the Federal Energy Regulatory Commission (FERC) has implemented significant generator interconnection reforms. Last month FERC approved Order No. 2023, a decision anticipated to alleviate nationwide interconnection backlogs. This key Order places new, strenuous requirements on transmission providers and interconnection customers alike, an aggressive approach designed to…
In recent times, global interest has surged for biochar carbon projects, spurred by the drawn-out environmental significance and the potential for sustainable management of agricultural practices. According to a recent report, the thriving market is likely to escalate from its present value of $160 million to over $450 million by 2030. Biochar, a soil amendment,…
Despite the successful application of nuclear power for US military vessels since the 1950s, its adoption for civilian maritime purposes has never moved beyond a few experimental designs. This is largely due to concerns about safety and high initial capital costs. Recently however, innovations in nuclear technology, combined with an industry-wide push to declutter the…
Per- and polyfluoroalkyl substances, more commonly referred to as PFAS, are increasingly resulting in major exposures for insurers and their policyholders. These substances, often dubbed ‘forever chemicals’ due to their persistence in the environment and the human body, are currently at the centre of thousands of pending lawsuits nationwide in the United States. Several large…
As the summer season of record heat continues, there is increasing conversation around heat-related phrases like “Excessive,” “Feels Like,” and “Heat Dome.” This discussion has refocused attention on the Occupation Safety and Health Administration’s (OSHA) efforts to maintain workers’ safety against heat hazards. Notably, OSHA has recently moved forward with a proposed standard designed to…
In what has been a herculean task to resolve, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act as reported by JD Supra. The publication of this document comes ahead of schedule, but it now raises a host…
In a recent development, the Occupational Safety and Health Administration (OSHA) publicized the results of a whistleblower investigation related to North Dakota Department of Environmental Quality (NDEQ). This investigation was initiated following OSHA’s allegation that NDEQ retaliated against a staff environmental scientist who reported safety concerns about a public water system – both to the…
The Bureau of Ocean Energy Management’s (BOEM) recent auction for offshore wind areas in the Gulf of Mexico, held on August 29th, fell short of anticipated outcomes. This unexpected downturn in the energy industry has stirred much discussion among legal and business communities alike. The auction, which marked the first of its type for the…
In an update from August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have a significant amendment to the definition of “waters of the United States” (WOTUS). This announcement pertains to a pre-publication version of their final rule, which is a reaction to the court decision in the…
In late August, the Michigan Court of Appeals ruled in favor of 3M Company’s objection to the rules established by the Michigan Department of Environment, Great Lakes and Energy (EGLE). These regulations were put in place to control the amount of particular per- and polyfluoroalkyl substances (PFAS) in the drinking water supply. This information was…
The U.S. Environmental Protection Agency (EPA) has put forward a proposal to conduct comprehensive revisions to regulations that dictate how Tribes and States can take on the responsibility of administering the Clean Water Act’s (CWA’s) Section 404. This program handles permissive actions relating to the discharge of dredged and fill material into the waters of…
In a major regulatory shift, the Washington Department of Ecology (Ecology) has issued the first significant amendments to the contaminated site cleanup regulations, Chapter 173-340 WAC, under the Model Toxics Control Act (MTCA) in over two decades. The announcement comes subsequent to a prolonged rulemaking procedure lasting several years. The modifications put forward provide essential…
The U.S. Environmental Protection Agency (EPA) announced its third issuance of a Toxic Substances Control Act (TSCA) test order on August 15, 2023. This signifies another significant step for per- and polyfluoroalkyl substances’ (PFAS) testing under the scope of EPA’s National PFAS Testing Strategy. The JDSUPRA report on this development, however, does not provide full…
Law firm Frost Brown Todd continues to expand its team with the latest addition of partner Janet McQuaid to the firm’s Pittsburgh, Pa., office, a move confirmed by the firm on Wednesday. McQuaid’s skill set is notable for being diverse and versatile, with expertise primarily laying in environmental law. Throughout her robust career, she has…
The past two years have marked a notable increase in both federal and state efforts to address historical environmental injustices in the United States. This surge is not an overnight phenomenon; rather, it’s the fruition of long-standing advocacy work tracing back to the civil rights movement of the 1960s. The growing awareness and prioritization of…
In the year 2023, the ever-rising focus on “Environmental, Social, and Governance” (ESG) and sustainability topics has evidently dominated the headlines. According to a recent update from Clark Hill’s Automotive & Manufacturing Industry Outlook, the attention of various stakeholders remains firmly rooted in these areas. Considering the escalating frequency with which the term “ESG” appears…
The International Emissions Trading Associate (IETA) has recently released its High Level Criteria for Crediting Carbon Geostorage Activities. This development, which follows a year-long consultation process that involved business stakeholders, experts, developers, investors, and others, impacts activities where carbon dioxide (CO2) reduction and removal activities are undertaken with the goal of developing tradable credits. This…
On August 3, 2023, the Joint Subcommittee on Environment, Innovation, and Public Health Sustainable Chemistry Strategy Team (Sustainable Chemistry ST) of the National Science and Technology Council (NSTC) published a comprehensive legislation review collectively titled the Sustainable Chemistry Report: Framing the Federal Landscape. The publication of this report marks a significant event in the calendar…
The Alabama Department of Environmental Management (ADEM) and Parker Hannifin Corporation (PHC) have arrived at a Consent Order, a negotiated agreement to rectify alleged violations of the Department’s hazardous waste regulations. The agreement, marked official on July 19th, arrives after an investigative period detailing legal infractions by PHC, specifically its Boaz Instrument Fitting Manufacturing Facility…
One of the most recent developments within the Environmental Protection Agency (EPA), and a matter of significant interest to legal professionals, involves the careful choice of language by the EPA’s Assistant Administrator, Uhlmann. Specifically, Uhlmann employed the word “if” in the context of the potential designation of PFOA and PFOS as hazardous substances. This tenderly…
The County of Santa Barbara is proposing an Agricultural Enterprise Ordinance that aims to expand the activities of farms and ranches, especially those located on all unincorporated lands zoned AG-II. For lands zoned AG-I, incidental food service at wine tasting rooms would be allowed. This expansion aims to benefit landowners by enabling them to conduct…