The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). For some this is a hair-on-fire moment, so let’s pause and evaluate what difference that listing would actually make if it became final.

Continue

The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the Clean Water Act.  I have stayed out of the SCOTUS prediction game because I find such speculation to be a waste of time. 

Dairy Policy: Pennsylvania’s Over-Order Premium Continues But ‘Should be Modified’
On September 21, 2022, the Pennsylvania Milk Marketing Board (PMMB) entered a new 90-day over-order premium (OOP) order (OGO No. A-1014), as opposed to its customary 180-day order.  The order continues Pennsylvania’s OOP at $1.00 cwt for the period October 1, 2022 through

The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and remediated misconduct.” Second, DOJ will not “require the imposition of an independent compliance monitor” if the company has implemented and tested an effective compliance program

Today, the U.S. Fish and Wildlife Service (FWS) published its much-anticipated proposal, updating the regulations governing permits for incidental take of bald and golden eagles, as well as take of their nests. This proposal is the culmination of efforts to improve the effectiveness of the eagle take permitting process, particularly for wind energy projects. The rule was last updated in 2016, but it was challenged by the Energy and Wildlife Action Coalition. In 2019, that challenge was settled with a commitment from the FWS to amend the rule. In September 2021, the FWS issued an Advance Notice of Proposed Rulemaking, seeking comments on potential revisions to the eagle take permitting process.

On September 2, 2022, the U.S. Customs and Border Protection of the Department of Homeland Security (“CBP”) issued a CBP ruling, HQ H32233, determining that most offshore Wind Energy installation projects, including the laying of transmission cables, generally requires the use of Jones Act (Coastwise) compliant vessels. Jones Act qualified and compliant vessels are those

We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the State’s PFOA and PFOS MCL Implementation Plan. However, based on input from officials during a public meeting held on August 25, 2022, that timeline