Yesterday, EPA proposed to regulate certain PFAS under the Safe Drinking Water Act. EPA proposed Maximum Contaminant Level Goals for PFOA and PFOS of zero. It proposed Maximum Contaminant Levels for PFOA and PFOS of 4.0 parts per trillion. 
EPA also proposed MCLGs and MCLs for PFNA, PFHxS, PFBS, and HFPO-DA (“GenX Chemicals”) based on
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New England states unite to build new offshore wind HVDC transmission, seek DOE funding
Four New England States – Connecticut, Massachusetts, Maine, and Rhode Island – recently submitted a concept paper to the U.S. Department of Energy (DOE) proposing to build up to three new high voltage direct current (HVDC) transmission lines and related onshore system upgrades to support the injection of new offshore wind resources in New England.
It’s More Important for EPA to Ensure that States Are Good Neighbors Than That They are Perfect Neighbors
Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”. 
I find the decision noteworthy for two reasons. First, the decision is a full-throated endorsement of judicial deference to agency decision-making. Of course, this
May A Court Take Judicial Notice of Gravity?
Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute “disposal” within the meaning of CERCLA. I’m going to give Judge Wilson a pass, both because there was an arguably binding 9th Circuit precedent and
Another NEPA Obstacle To Coal Mining
Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision that the EA violated NEPA, it remanded the case for new findings as to whether vacatur would be appropriate. 
The
Does Environmental Review of Projects Needed for a Net-Zero Economy Lead to a Death By a Thousand Cuts?
Earlier this week, the decision in Bartell Ranch v. McCullough generally supported the Bureau of Land Management’s review under NEPA and related statutes of a lithium mine near Thacker Pass, Nevada. If approved, Thacker Pass would be the largest lithium mine in the United States. The decision and the entire review of the mine are
Accelerating Electric Vehicle Adoption in 2022
This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and
CEQ Issues NEPA Climate Guidance
The new year brings new NEPA (interim) guidance on climate change. It recommends several ways that federal agencies should consider climate change impacts for projects subject to NEPA review. The guidance is effective immediately but is subject to a 60-day comment period that could lead to revisions. Comments on the guidance are due to
Monitoring, Reporting, and Verification: Why the Carbon Dioxide Removal Industry Can Expect—and Could Benefit from—Increased Oversight
Carbon dioxide removal (CDR), or the range of technologies and processes for removing carbon dioxide from the atmosphere and oceans, promises to be a major part of US and global climate strategy in the coming decades. Recent governmental actions have created significant financial incentives for the rapidly growing CDR sector.
Given the heightened importance of
News Flash! International Cooperation on the Environment Remains Possible
In these times of much woe, it’s always noteworthy when the mainstream media reports good news. Especially when it’s good news about effective international cooperation on environmental protection issues. 
Today, the New York Times reported that a recent assessment shows that the world is on track to reach pre-1980 levels of upper atmosphere ozone by