EPA Releases PFAS Strategic Roadmap

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

November 8, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

Environmental Justice Emerges as EPA and Virginia Priority

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

September 1, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

EPA Proposes Retroactive PFAS Reporting

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

July 15, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

Muddy Waters: Virginia’s Proposed Numeric Turbidity Criteria and Potential Compliance Challenges

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

July 8, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

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

2021 Virginia General Assembly Session Highlights Energy and Environmental Issues

By John K. Byrum Jr.

Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection initiatives. Building on the 2020 Virginia Clean Economy Act (VCEA),… Read more

April 22, 2021 | Environmental & Alternative Energy

Virginia Clean Economy Act Update

By John K. Byrum Jr.

During its 2020 Session, the General Assembly passed and Governor Northam signed into law HB 1526/SB 851, the Virginia Clean Economy Act (VCEA or Act). The VCEA codified the clean energy directives included in Executive Order 43, issued in September… Read more

April 20, 2021 | Environmental & Alternative Energy

Virginia’s Solar Facilities are Growing: General Assembly Sets Carbon Neutral Goal

By William (Will) H. Shewmake

The future of utility-scale solar facilities in Virginia is bright, and has brightened even more lately. The General Assembly recently adopted an ambitious goal of achieving carbon neutrality by 2045. As a result, Virginia’s major publicly traded energy companies and… Read more

March 30, 2021 | Environmental & Alternative Energy

Environmental Justice: A Changing Landscape for Virginia Developers

By William (Will) H. Shewmake

A company in the formative stages of locating, permitting, and constructing any substantial industrial or commercial project needs to be keenly aware that the legal and regulatory landscape related to environmental justice is changing in Virginia. We anticipate that change… Read more

March 24, 2021 | Environmental & Alternative Energy

What’s Old is New Again — DOJ Returns to Pre-Trump Administration Environmental Policies

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

February 22, 2021 | Environmental & Alternative Energy | Environmental Law Monitor

Environmental & Alternative Energy