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
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
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 risks
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 on
IOSCO Calls for Oversight of ESG Ratings and Data Product Providers
The association noted that regulators could provide market participants with much-needed additional trust in ESG ratings and data.
By Paul A. Davies, Nicola Higgs, Michael D. Green, James Bee, and Anne Mainwaring
On 23 November 2021, the International Organization of Securities Commissions (IOSCO) published a report and set of recommendations (Recommendations)
Decision Provides a Cautionary Tale About Contracting for Environmental Services
An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021).
Golden Gate Way (GGW) hired environmental consultant Enercon to perform a Phase II Environmental Site Assessment in connection with a refinancing