In a final rule published in the Federal Register on November 24, the Environmental Protection Agency (EPA) quietly finalized a hotly contested proposed rule, adding natural gas processing facilities to the list of industry sectors required to report their releases of certain chemicals under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Toxic Release Inventory (TRI). Facilities must report releases and waste management of specifically listed chemicals to the TRI if they: (1) have 10 or more full-time employees, (2) have a primary Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) code listed in the regulations, and (3) manufacture, process, or otherwise use certain listed chemicals in the course of a calendar year in quantities exceeding identified thresholds.
Illinois Sets Course for EV Manufacturing in Illinois
On November 16, Illinois enacted the Reimagining Electric Vehicles Act (REV Act) which states that its purposes include “reduc[ing] carbon emissions, creat[ing] new good-paying jobs, and generat[ing] long-term economic investment in the Illinois business economy.”
The REV Act provides income tax credits for electric vehicle (EV) manufacturers, including EV parts suppliers such as battery and
Federal PFAS Cleanup Regulation on the Horizon
Federal regulators recently picked up the pace in controlling the class of persistent environmental toxins known as PFAS, as the nation’s eyes increasingly focus on this problem. Local governments, airports, and potentially responsible parties should pay particularly close attention to these developments.
On October 25, the EPA announced plans to add four types of Per-
The U.S. Army Corps of Engineers pauses certain Section 404 nationwide permits
On November 4, 2021, the Army Corps of Engineers (ACOE) announced that it is pausing all requests for coverage under 12 nationwide permits (NWPs) issued earlier this year, including widely used permits for utility and oil and gas projects, among others. The announcement followed a California district court’s decision vacating the Section 401 Water Quality Certification Rule (2020 401 WQC Rule) adopted by the Trump Administration in 2020. Important questions remain about how ACOE intends to proceed while coverage is paused.
Section 404 of the Clean Water Act (CWA) authorizes the ACOE to regulate the discharge of dredged and/or fill material into waters of the U.S. The CWA also requires that any person applying for a Section 404 permit also obtain a Section 401 Water Quality Certification (401 WQC) from the state, confirming that the discharge of fill materials will be in compliance with applicable water quality standards. States must also issue 401 WQCs for all activities occurring in their state per a NWP.
On January 5, 2021 ACOE released the final version of a rule revamping certain NWPs issued pursuant to Section 404. NWP 12 (as it existed prior to January 2021) was a general permit covering a range of activities such as utility line installation, development projects, road crossings, etc. The January rule reissued and modified 12 NWPs and issued four new NWPs, following an April 2020 decision by the U.S. District Court for the District of Montana vacating a prior version of NWP 12. These permits include:
AB 819 Expands Requirements for Electronic Filing and Posting of CEQA Notices and Environmental Documents
Effective January 1, 2022, Assembly Bill 819 (AB 819), signed by Governor Newsom earlier this year, imposes expanded requirements on lead agencies when posting CEQA notices and documents.
Under the bill, lead agencies must post the following documents and notices to their websites, if they have one:
DEIRs, negative declarations, mitigated negative declarations, notices of
Real Parties in Interest Are Not Automatically Indispensable Parties to CEQA Litigation
In Save Berkeley’s Neighborhoods v. The Regents of the University of California, Case No. A160560, the Court of Appeal held that under the California Environmental Quality Act (“CEQA”) and related procedural rules, real parties in interest are not automatically considered indispensable parties to CEQA litigation. Whether a real party in interest is indispensable turns on the case-by-case analysis outlined in California Code of Civil Procedure (“CCP”) section 389(b), and each court must make that determination as to the specific entity at issue, including real parties in interest. This case departs from earlier precedent and the Legislature’s efforts to create clearer rules concerning the naming of real parties in interest, thus making it easier for petitioners to make procedural errors without legal consequences.
Dave Curran and Laura Turano Co-Author ESG Column in ALM Corporate Counsel
Dave Curran, ESG and Law Institute executive director and co-chair of the Paul, Weiss ESG Advisory Practice, and corporate partner Laura Turano, co-authored a column, “When It Comes to ESG, You’re Only as Strong as Your Weakest Link,” in ALM Corporate Counsel.
The authors discuss the key role that lawyers play in spotting ESG-related
Pennsylvania EQB Approves PFOA and PFOS Limits in Drinking Water
On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum contaminant limits (“MCLs”) for PFOA and PFOS in drinking water. As discussed in an earlier post, the proposed rule would set those limits at 14
New Pennsylvania DEP PFOA and PFOS Cleanup Standards are Now Effective
New Pennsylvania Department of Environmental of Protection (“PADEP”) regulations that include new cleanup standards for three per- and polyfluoroalkyl substances (PFAS) were published in the Pennsylvania Bulletin on Saturday, November 20, 2021, and are now effective and available for remediation under the Pennsylvania Land Recycling and Environmental Remediation Standards Act (“Act 2”).
We have discussed
Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021
By James L. Curtis, Adam R. Young, Patrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs