Back on August 29, 2023, U.S. EPA issued the rule to conform its regulations to the ruling of the U.S. Supreme Court in Sackett v. EPA which significantly reduced the number of wetlands that are federally protected under the Clean Water Act (CWA). (See, prior post discussing Sackett) The Court limited federal jurisdiction to only
Joseph Koncelik
Joseph Koncelik Blogs
Blog Authors
Latest from Joseph Koncelik
EPA Proposes to Regulate PFAS under RCRA Corrective Action
On February 8, 2024, U.S. EPA proposed two new significant regulations that would expand its authority to require cleanup of per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The scope of the proposed regulations and the potential facilities affected are discussed below.
Background on RCRA Program
To understand the potential…
State Launches $750 Million All Ohio Future Fund for Project-Ready Sites
On February 16th, Ohio launched the All Ohio Future Fund which provides $750 million in funding to assist communities with infrastructure costs in order to create project-ready economic development sites. The purpose of the funding is to attract new businesses or grow existing Ohio businesses. It is not meant to be a job retention program.…
States Lead Way on Regulating PFAS in Consumer Products
While U.S. EPA is poised to issue a series of federal regulations related to PFAS and impacts to the environment, it is the states that are taking the lead on regulating the presence of Per- and polyfluoroalkyl substances (PFAS) in consumer products. Such regulations are forcing manufacturers to reach back into their supply chains to…
Ohio Brownfield Grant Program Massively Oversubscribed
In July 2023, the Ohio Legislature injected an additional $350 million into the Ohio Brownfield Remediation Program (OBRP) due to the success of the program in the prior two years. At the end of the first cycle of funding, the Program was significantly oversubscribed. Therefore, it was anticipated there would be more projects in the…
4 Common Client Questions During Environmental Due Diligence
There is general awareness of the need to perform environmental due diligence on virtually any transaction that involves commercial/industrial property. However, even with such general awareness missteps or lack of attention to detail during the process can risk exposing a purchaser or new tenant to significant liability. Having been involved in counseling on environmental due…
Changes to the Ohio Brownfield Remediation Fund
In July, the Ohio General Assembly passed the Fiscal Year 2024-2025 Main Operating Budget which included another round of $350 million in funding for the Brownfield Remediation Fund. This second round of funding builds up on the very successful launch of the program in the prior State budget.
While the structure of the program largely…
EPA Publishes WOTUS Update Following Sackett Decision
On August 29, 2023, the United States Environmental Protection Agency (U.S. EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). U.S. EPA issued the…
EPA Proposes Drinking Water Standards for PFAS
On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted drinking water standards, the U.S. EPA has yet to establish any national drinking water standards…
Biden Administration Moves Forward with Phase 2 of NEPA Rule Revisions
On January 30, 2023, Phase 2 of the Biden Administration’s rule making revisions to Nation Environmental Policy Act (NEPA) were sent by the White House Council on Environmental Quality (CEQ) to the Office of Management and Budget (OMB). Once OMB completes its review the proposed rule will be published in the Federal Register for public…