EPA’s Integrated Risk Information System (IRIS) program released a draft toxicological review of perfluorohexanoic acid (PFHxA) today, signaling another step in the agency’s ongoing research and regulatory initiatives focused on per- and polyfluoroalkyl substances (PFAS). This particular PFAS will be interesting to monitor because it is a breakdown product of other PFAS that may enter…

EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units.  Instead, EPA proposes to reaffirm its 2012 and 2016 determinations supporting such regulation. 
This is not surprising and should not be controversial.  It may…

A sand covered boardwalk over the dunes to the Atlantic ocean on Jekyll Island, Georgia

The Massachusetts Appeals Court (the intermediate appellate court) has decided two cases this month addressing when a local conservation commission can impose conditions on development that affects wetlands in addition to conditions imposed by the Commonwealth’s Department of Environmental Protection.  In both cases, the local commission did not grant an order (effectively a permit), but…

GT Welcomes Lauren Liss

As part of Greenberg Traurig, LLP’s ongoing strategy to grow key practices to meet client demand, the former MassDevelopment President and CEO, Lauren Liss joins as senior counsel in the Environmental and Real Estate practices in Boston. She will utilize her experience in the public and private sectors to work with clients in municipal government…

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA or Act), which will soon move to the next stage of agency consideration.[1] The outcome of these rulemaking efforts will impact countless regulated parties, from solar developers to manufacturers, and heavily regulated industry.

In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.” Since his appointment as U.S. Environmental Protection Agency (EPA) Administrator, Regan has repeatedly stressed that environmental justice will be a priority for EPA under his leadership. A press release issued a week ago outlined new concrete steps EPA will take to make good on that commitment.

Pesticides/Herbicides: ‘Pure’ Honey Label May Be Deceptive Due to Pesticide ResidueOn January 13, 2022, the U.S. District Court for the Eastern District of New York issued an order denying in part honey maker Sioux Honey Association Cooperative’s motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because…