On January 27, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public informational meeting on February 17, 2022 regarding PHMSA’s plan for forthcoming audits of updated inspection and maintenance plans to eliminate and minimize leaks pursuant to Section 114 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of
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White House CEQ Asks Fourth Circuit for a “Do Over” on NEPA
On January 18, the White House Council on Environmental Quality (CEQ) urged the Fourth Circuit, U.S. Court of appeals to affirm the pre-application dismissal of environmentalists’ litigation over a Trump era rule that significantly altered how agencies utilize the National Environmental Policy Act (NEPA), including their climate analysis.…
EPA Announces Key CCR Policy Amid Alternative Closure Determinations
On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact with groundwater.” Although EPA claims it has “consistently held” this interpretation, this is the first time EPA has expressly articulated this view.…
EPA’s Delivery of Draft Rule to OMB for Study Starts the Clock for Potential PFAS Reporting and Enforcement Activity by 2023
Gearing up for a potential final rule in summer 2023, the U.S. Environmental Protection Agency (EPA) on January 10 submitted a proposed rule to the White House Office of Management and Budget (OMB) to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).…
Welcome Back! These Are the Air Topics That Will Make News in 2022
To help reboot after the holiday break, here is a list of air topics we expect to make news in 2022 with a short discussion of why each one may be important to you.…
Court Decision to Vacate, Remand State Water Quality 401 Certification Rule
On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA) 2020 Clean Water Act Section 401 final rule (Certification Rule).
In response to the court’s ruling, EPA is implementing the previous water quality certification rule nationwide, which had been in effect since 1971,…
EPA Issues Section 401 Q&A
On Friday, December 17, the Environmental Protection Agency (EPA) quietly issued a Q&A document concerning the vacatur of the 2020 Section 401 Certification Rule (2020 Rule). The Q&A confirms EPA’s view that the 1971 certification regulation is now in effect nationwide, but does not present a policy or legal rationale for this decision. Although much…
Equitable Apportionment of Interstate Waters Sinks to New Levels
In a landmark ruling signaling a new lens with which to view the treatment of interstate water allocation, the U.S. Supreme Court issued a decision on November 22 in Mississippi v. Tennessee, et al., 595 U.S. ___ (Case No. 21o143) rejecting Mississippi’s claim to sole ownership of waters of the Middle Claiborne Aquifer within that…
Natural Gas Processors to Report to EPA’s Toxic Release Inventory Beginning 2023
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),…
Natural Gas Processors to Report to EPA’s Toxic Release Inventory Beginning 2023
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),…