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The PFAS Saga Continues - New Federal Advisory Levels More Stringent Than NJ Regulations

Earlier this week, the Environmental Protection Agency (EPA) announced new levels at which four per- and polyfluoroalkyl substances (PFAS) are considered safe in drinking water. The announcement included non-binding drinking water advisories for two new PFAS not previously regulated ...

EPA Proposed Water Rule May Delay or Limit Permit Approvals

The Environmental Protection Agency (EPA) has proposed a new Clean Water Act Section 401 rule, which may delay and/or limit federal approvals of projects that discharge into federally protected waters.  The proposed rule specifically provides states and tribes the power to grant or deny ...

NJDEP First State to Publish Highly Anticipated Environmental Justice Proposed Rules

On June 6, 2022, the New Jersey Department of Environmental Protection (NJDEP) published a rule proposal requiring the consideration of environmental justice issues and impacts on overburdened communities in the evaluation and issuance of certain environmental permits. The proposed ...

New York Considers Environmental Regulations for Cryptocurrency Mining

The New York State Legislature has passed a pair of bills in the Senate and Assembly that, if signed by Governor Kathy Hochul, would impose a two-year ban on issuing new air permits to cryptocurrency mining operators in New York.

Specifically, New York lawmakers, urged by environmental ...

Bitcoin Industry Responds to Call for Regulation by House of Representatives Letter

In response to recent scrutiny regarding potential environmental violations by bitcoin mining data centers, Bitcoin industry executives authored a letter from the industry group Bitcoin Mining Counsel to the Environmental Protection Agency (EPA). Signatories include leadership from ...

DOJ Announces Environmental Justice Strategy and New Office of Environmental Justice

The U.S. Department of Justice (DOJ) has announced several initiatives to advance environmental justice interests, including restoring federal prosecutors’ authority to include special environmental justice projects in settlements and establishing a federal Office of ...

FERC New Climate Policy Impacts Under Review

The potential impacts from the climate policy changes to the Federal Energy Regulatory Commission (FERC) regulations continue to evolve. Public comments have been submitted by environmental groups, industry groups and states in response to the FERC's proposed climate policy changes to ...

United States Expands National Environmental Policy Act Reviews – More Scrutiny on Infrastructure and Development Anticipated

This week, the Council on Environmental Quality issued a final rule amending the National Environmental Policy Act (NEPA), effectively revoking changes made in 2020 by the Trump Administration that limited the scope of NEPA reviews. The rule is phase one of a two-part process, with ...

EPA Accepting Comments on Proposed National Priorities List Superfund Sites, Including Hackensack River

On March 17, 2022, the Environmental Protection Agency (EPA) proposed that five new sites, including the Lower Hackensack River and the Brillo Landfill in Victory, New York, be added to the National Priorities List. The EPA is currently accepting comments on these proposed listings ...

The Fight Over Federal Jurisdiction Continues - U.S. Supreme Court Hears Arguments Seeking to Limit Jurisdiction Over Wetlands

This week, the United States Supreme Court heard arguments in a case concerning the scope of federal jurisdiction under the Clean Water Act. The case, brought by private landowners in Idaho, may ultimately determine the test to be applied when development is proposed in or near wetlands ...

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