On November 9, we reported that the U.S. Army Corps of Engineers (“Army Corps”) had paused action on certain permits that relied on the Trump Administration’s Clean Water Act (“CWA”) Sec. 401 Certification Rule (“2020 Rule”) after a California Federal… Read more
On November 1, 2021, ASTM International (“ASTM”) released the revised standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”). The new standard, ASTM 1527-21, which revises the 1527-13, is intended to address inconsistencies that have developed in current… Read more
Highlights: – The Army Corps of Engineers has paused action on certain permits that relied on Trump Administration’s Clean Water Act (CWA) Sec. 401Certification Rule after a federal court in California “vacated” the 2020 Rules last month – The permits… Read more
Highlights – Businesses could face additional PFAS compliance requirements as early as 2022 – EPA planning to list PFAS as a CERCLA hazardous substance by 2023 – Expect PFAS to be addressed in NPDES permits and industrial ELGs –… Read more
Recent guidance issued by the U.S. Environmental Protection Agency (“EPA”) evidences EPA’s intention to better incorporate Environmental Justice (“EJ”) considerations into program administration and enforcement. Specifically, EPA issued two memoranda that signal a revitalized focus on EJ enforcement. On June… Read more
On June 28, 2021, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would require a one-time report from companies that manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since January 1, 2011. The proposed… Read more
On April 12, 2021, the Virginia Department of Environmental Quality (DEQ) issued a Notice of Intended Regulatory Action (NOIRA) to establish first-time numeric turbidity criteria for Commonwealth surface waters in response to a directive by the State Water Control Board. … Read more
In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises only when the settlement agreement resolves CERCLA-specific liabilities. This… Read more
Ah yes, hope is in the air as we turn the corner on winter and approach spring. This year more than most, hope is riding on a wave of vaccinations that promises to break the grip of uncertainty that COVID… Read more
On January 20, 2021, President Biden issued Executive Order (“EO”) 13,990, an expansive directive which resets the Federal Government’s vision for implementing nearly the entire gamut of environmental programs, including the Government’s approach to the incorporation of science in decision-making;… Read more
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