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Continued Chaos for the Clean Water Rule - The Supreme Court Finds District Courts Proper Court for Review

Please see updated postUPDATE: Following U.S. Supreme Court Ruling, EPA Delays Implementation of 2015 Clean Water Rule Until 2020

On January 22, 2018, the United States Supreme Court unanimously held that challenges to the 2015 Clean Water Rule (2015 Rule), must be heard by federal ...

Six Major Changes to RCRA for 2018

The United States Environmental Protection Agency (EPA) is expected to implement six major changes to the Resource Conservation and Recovery Act (RCRA) in 2018. Waste generators of all sizes will need to review these changes to ensure compliance and avoid hefty fines.

In particular, 47 ...

EPA Identifies 21 Superfund Sites Targeted for Immediate, Intense Action

In response to the Superfund Task Force Recommendations issued earlier this year, the United States Environmental Protection Agency (EPA) Administrator, Scott Pruitt, recently identified 21 Superfund sites nationwide that it believes will benefit from the “direct engagement” of ...

The Path Toward a Revamped Clean Water Rule Still Unclear; EPA/Corps Propose Extension

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) have proposed to extend the date that the 2015 Clean Water Rule will become effective to 2020, thereby allowing sufficient time for the Trump administration to replace the Rule. The proposal comes on the heels ...

Fourth Circuit Affirms Government Immunity for Environmental Claims Under the Federal Tort Claims Act

The Fourth Circuit Court of Appeals recently affirmed a district court ruling that the residents of Frederick, Maryland cannot sue the United States under the Federal Tort Claims Act (FTCA) for injuries resulting from the U.S. Army’s alleged improper chemical disposal and remediation ...

New Jersey Is First State to Set Formal Drinking Water Contamination Standards for PFOA

Earlier this month, New Jersey Department of Environmental Protection (NJDEP) Commissioner Bob Martin announced that the agency has set drinking water contamination standards for perfluorooctoanic acid (PFOA) and perfluorononanoic acid (PFNA), making New Jersey the first state to set ...

ITC Decision on Solar Cell Imports Could Impact Domestic Solar Industry as a Whole

A judgment issued by the U.S. International Trade Commission on September 22, 2017 could have significant ramifications for the U.S. solar industry. In a unanimous decision, the Commission found that solar cell imports are causing serious injury to the domestic solar cell market. The ...

On May 2, 2017, the United States Environmental Protection Agency (“EPA”) sent to the White House Office of Management and Budget (“OMB”) a proposed rule that would repeal the 2015 Clean Water Rule, also known as the Waters of the United States Rule (“WOTUS Rule”). The WOTUS Rule ...

President Donald Trump has proposed budget cuts that could slow or even stop work at CERCLA Superfund sites throughout the country. Waste officials estimate that the proposed cuts, which would cut the Superfund program’s budget by about 30%, would eliminate an average of four full-time ...

On April 3, 2017, the Environmental Protection Agency (EPA) published a proposed rule to further delay the effective date of the Risk Management Program (RMP) rule amendments from June 19, 2017 to February 19, 2019.  During the delay, the EPA will likely consider several petitions for ...

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