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On May 25, 2023, the U.S. Supreme Court (SCOTUS) issued its second opinion in Sackett v. EPA, ruling the EPA and the U.S. Army Corps of Engineers (Corps) improperly claimed jurisdiction over a private property wetland. In a unanimous ruling for the nine justices, Justice Samuel Alito, writing for the majority, said, “Wetlands that are […]
The EPA announced proposed federal baseline water quality standards (WQSs) for water bodies on Indian reservations that don’t have Clean Water Act (CWA) standards, ensuring protections for over half a million people living on Indian reservations, as well as critical aquatic ecosystems. Congress’s established goal in passing the CWA 50 years ago was that waters […]
Last month, the EPA published an advance notice of proposed rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. “Today’s announcement highlights EPA’s commitment to transparency and the use of the […]
On May 11, 2023, the EPA announced proposed new carbon pollution standards for coal and natural gas-fired power plants that will protect public health, reduce harmful pollutants, and deliver up to $85 billion in climate and public health benefits over the next two decades. “The proposal for coal and new natural gas power plants would […]
On May 3, 2023, the EPA published a proposed rule in the Federal Register banning most uses of methylene chloride. The EPA’s authority for the proposed rule is provided under the Toxic Substances Control Act (TSCA), with methylene chloride being the second chemical to undergo risk management under the reformed process created by the 2016 […]
On May 12, the Centers for Disease Control and Prevention (CDC) updated its “Ventilation in Buildings” guidelines to include a discussion on “How much ventilation is enough?” to help prevent airborne disease transmission. “When possible, aim for 5 or more air changes per hour (ACH) of clean air to help reduce the number of germs […]
On April 12, 2023, the EPA announced new proposed federal vehicle emissions standards for light-, medium-, and heavy-duty vehicles for model year (MY) 2027 and beyond that are expected to accelerate the ongoing transition to a clean vehicles future and tackle the climate crisis. On the same day, the EPA also announced new proposed standards […]
On April 11, 2023, the EPA issued two proposals aimed at reducing ethylene oxide (EtO) emissions, including more stringent air emissions standards and additional protections for workers who are exposed to the gas used to sterilize medical devices and certain spices. If finalized, the EPA’s proposals are estimated to cut EtO emissions from commercial sterilization […]
North Dakota Federal District Court Judge Daniel Hovland granted a preliminary injunction that will block the EPA from enforcing its new waters of the United States (WOTUS) rule in 24 states. The ruling comes in response to a lawsuit filed by 24 state attorneys general (AGs). “The group says the EPA’s WOTUS rule ‘goes beyond […]
On May 2, the Department of Transportation (DOT) adopted a rule recognizing oral fluid drug testing as an alternative to urine testing for safety-sensitive positions in all regulated industries, including aviation, motor carrier, rail, and transit. The final rule (88 Fed. Reg. 27596) becomes effective June 1. The final rule harmonizes DOT and Federal Motor […]