Tag: Pollution

California Probes Plastic Pollution

On Thursday, April 28, 2022, California Attorney General (AG) Rob Bonta announced his office is launching an investigation to hold the fossil fuel and petrochemical industries accountable for their alleged role in creating and continuing a global plastic pollution crisis. “For decades, these industries have aggressively promoted the development of oil-based plastic products and campaigned […]

Streamlined CWA Permitting Final Rule Issued

On December 27, 2021, the Army Corps of Engineers (Corps) issued a final rule for the reissuance and modification of nationwide permits (NWP), which authorizes “certain activities under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) of 1899 that have no more than minimal individual […]

DuPont Water Contamination Case Dismissed

On January 4, 2022, U.S. District Judge Lewis Liman of the Southern District of New York dismissed claims against Du Pont de Nemours and Co and its codefendants seeking payment for upgrades to five water treatment plants managed by Suez Water New York Inc. The suit, Suez Water New York v. Dupont, Corteva, Inc, and […]

Can PFAS be Eliminated? EPA’s Efforts to Date

The EPA on October 18 revealed its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 as part of a multiagency frontal assault to address pollution from per- and polyfluoroalkyl substances (PFAS). PFAS are popular for their fire-resistant abilities and the properties that allow them to repel water, oil, stains, and grease. PFAS are also known […]

Company Agrees to Reduced Flaring in Iowa and Texas

Three subsidiaries of a multinational chemical company reached a $3.4 million civil penalty settlement agreement with the EPA and Department of Justice (DOJ) in October 2021, the EPA announced. The agreement includes upgrades and “compliance measures estimated to cost $50 million to resolve allegations they violated the Clean Air Act (CAA) and state air pollution […]

EPA Considers Tightening Regs for Fine Particulate Matter

The EPA has issued a draft policy assessment, “Policy Assessment for the Reconsideration of the National Ambient Air Quality Standards for Particulate Matter, External Review Draft,” dated October 2021, which concludes “scientific evidence, air quality analyses and the risk assessment for a type of pollution called fine particulate matter can ‘reasonably be viewed as calling […]

EPA Announces Hydrofluorocarbons Phasedown

Congress enacted the American Innovation and Manufacturing (AIM) Act on December 27, 2021, which gives the EPA authority to: Phase down production and consumption of hydrofluorocarbons (HFC). Maximize reclamation, and minimize HFC releases from equipment. Facilitate the transition to next-generation technologies through sector-based restrictions on HFCs. The final rule, issued by the EPA in late […]

Next Steps for WOTUS

On August 5, 2021, the EPA and the U.S. Department of the Army announced upcoming community engagement opportunities for public input into their efforts to revise the “waters of the United States” (WOTUS) definition. Redefining WOTUS is a two-part process for the agencies. The first rulemaking will restore the WOTUS definition to the version in […]

Colorado Whistleblower Complaint Launches Air Permitting Investigation

On July 1, 2021, Colorado Attorney General Phil Weiser announced that attorneys at Troutman Pepper Hamilton Sanders LLP have been appointed as special assistant attorneys general to conduct an independent investigation into “allegations regarding alleged improper non-enforcement of air quality standards as alleged by certain Air Pollution Control Division staff at the Colorado Department of […]

EPA Faces Challenges Addressing SIPs

The EPA Office of Inspector General (OIG) issued a June 14, 2021, report that says continued delays by the EPA on State Implementation Plan (SIP) actions “increase the risk that state or local air agencies are not implementing plans sufficient to achieve or maintain the [National Ambient Air Quality Standards (NAAQS)]” under the Clean Air […]