Category: Environmental

The Battle Continues Over SEC Climate Risk Disclosure Regs

As the U.S. Securities and Exchange Commission (SEC) has seen in promulgating its Climate Disclosure Rule, you can’t please everyone. The latest twist in the legal challenges the regulation has faced came from the U.S. Chamber of Commerce, which offered to defend the SEC against claims from environmental groups that say the final rule doesn’t […]

Wetlands Protections After Sackett Decision

The consequences of last year’s U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA are revealing themselves across the nation, as exemplified on both sides of the Wabash River, which runs between Illinois and Indiana. That decision, which redefined “waters of the United States” (WOTUS), stated, “Wetlands that are separate from traditional navigable waters cannot […]

Who’s Paying for PFAS Cleanup?

With the EPA finalizing the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per- and polyfluoroalkyl substances (PFAS), the next obvious question becomes: Who is legally liable for both the consequences of their presence and the cost of removing these chemicals from drinking water? The U.S. Senate Committee on […]

EPA Finalizes Drinking Water Standard for PFAS Pollution Protection

On April 10, 2024, the EPA announced it issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” Exposure to PFAS has been linked to deadly cancers, impacts to the liver and heart, and immune and developmental damage to […]

A Closer Look at Construction Stormwater General Permits

Most contractors are familiar with pulling construction stormwater general permits (CGP) when a project will disturb more than 1 acre of land. However, it’s also important to note there are some instances when a permit is still required on projects that “disturb” less than an acre of land. Additionally, some projects also require federal and […]

Appeals Court Rules EPA Went Too Far in PFAS Order

On March 21, 2024, a federal appeals court ruled the EPA overstepped its authority in ordering Inhance Technologies, LLC, to stop producing per- and polyfluoroalkyl substances (PFAS) during the fluorination of plastic containers. Background On December 1, 2023, the EPA issued orders to Inhance, a Houston-based plastics treatment company, directing it not to produce PFAS […]

New York’s Cap-and-Invest Program and GHG Reporting Requirements

As part of the 2019 Climate Leadership and Community Protection Act (CLCPA), New York state continues to aggressively implement new regulations that will significantly impact industry groups. The New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) are in the process of putting a trio […]

EPA Publishes TSCA Draft Risk Evaluation for Formaldehyde

The EPA recently released the draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA) for public comment and peer review. Formaldehyde is a colorless, flammable gas at room temperature and has a strong odor. It’s also found nearly everywhere. People and animals produce and release formaldehyde, and it’s produced when organic materials […]

EPA Announces 2022 Toxic Release Inventory Data

On March 21, 2024, the EPA announced the release of its 2022 Toxics Release Inventory (TRI) National Analysis showing that environmental releases of TRI chemicals from facilities covered by the program were 21% lower in 2022 compared with 2013, which included a 26% decrease in air releases. The data shows releases from manufacturing facilities decreased […]

EPA Finalizes CWA Hazardous Substance Facility Response Plan Rule

On March 14, 2024, EPA Administrator Michael Regan signed a final rule requiring certain facilities to develop facility response plans (FRP) for a worst-case discharge of Clean Water Act (CWA) hazardous substances or the threat of such a discharge. Worst-case discharges are defined as the largest foreseeable discharge in adverse weather conditions, including extreme weather […]