On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level of 12 micrograms per cubic meter (μg/m3) to 9 μg/m3. Once published, the Final Rule is certain
Environmental Compliance & Permitting
PFAS Reporting Rules to Ring in the New Year
As we have previously reported, PFAS (per- and polyfluoroalkyl substances) are a class of substances coming under increasing regulatory scrutiny. As manufacturers ring in the new year they should be aware of two new PFAS reporting requirements that could need careful attention in 2024.
De Minimis Exemption No Longer Available for PFAS Under EPCRA…
Supreme Court Rules for the Sacketts: The “Significant Nexus” Test is Dead – Long Live “Adjacent Wetlands”
On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean Water Act (CWA) scored a decisive victory in a U.S. Supreme Court decision, Sackett v. EPA. Chantell and Mike…
EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in Sackett
In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act (CWA) permits are required for wetland dredging and filling and pollutant discharges, as well as other CWA…
EPA Audit Policy Update – Scrutiny of Voluntary Self-Disclosures Set to Increase
The EPA intends to increase its review of voluntary self-disclosures of violations submitted electronically under EPA’s Audit Policy. The EPA Office of Inspector General (OIG) recently issued a report detailing the results of an evaluation of EPA’s process for screening self-reported environmental violations made through its eDisclosure system. The OIG’s report concluded that EPA…
EPA Power Plant Ruling Could Have Broader Effects for Industry
Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Last week, the U.S. Supreme Court issued its decision that the Environmental…
EPA Establishes New Health Advisories for PFAS
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health advisories are listed below:
PFAS | Health Advisory (in parts per trillion) |
PFOA (perflurooctanoic acid) | 0.004 ppt |
PFOS (perfluorooctane sulfonic acid) |
U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels.
One of the complicating factors to offshore wind development in the United States is the applicability of the Jones Act, and…
MA SMART Program: New Guidelines for Agricultural Solar Tariff Generation Units
On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER) Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable Target (SMART) Program took effect. The Guideline supplements the SMART Program regulations (225 CMR 20.000), provides guidance on how a Solar…
SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule
On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from withholding or unduly conditioning their certifications that are required under the Clean Water Act…