As previously reported, a coalition of environmental groups recently filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final rule titled, “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined
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Illinois EPA Issues Health Advisories for Four Per- and Polyfluoroalkyl Substances (PFAS)
On January 28, the Illinois Environmental Protection Agency (Illinois EPA) announced the issuance of health advisories for four (4) per- and polyfluoroalkyl substances (PFAS) compounds in accordance with the Illinois Part 620 groundwater regulations (35 Ill. Adm. Code Part 620). Health advisories are issued when a chemical substance that is harmful to human health, and…
Ross Says Long-Term Focus Shaped Water Policies During Trump EPA
Dave Ross, a partner in Troutman Pepper’s Environmental and Natural Resources Practice Group, was interviewed in the InsideEPA.com article, “Ross Says Long-Term Focus Shaped Water Policies During Trump EPA.”
FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve
In 2019, the D.C. Circuit in Hoopa Valley Tribe v. FERC held that the plain language of Clean Water Act (CWA) Section 401 establishes a bright-line maximum period of one year for States to act on a request for water quality certification and that the Federal Energy Regulatory Commission (Commission) was arbitrary and capricious when…
FERC Issues Order Proposing Substantial Penalty for Licensee in Michigan Dam Failure
The Federal Energy Regulatory Commission (FERC) has issued an order proposing a $15 million civil penalty in response to the failure of a licensee to respond to FERC dam safety orders in the wake of the failure of the Edenville dam and downstream FERC-licensed Sanford Dam (Project No. 2785) in Michigan in May 2020 (see…
Hydropower Advocates and Environmental Groups Reach Historic Agreement
On Tuesday, October 13, the National Hydropower Association (NHA) announced its partnership with American Rivers, the World Wildlife Fund, and other environmental groups in a “Joint Statement of Collaboration on U.S. Hydropower: Climate Solution and Conservation Challenge.” The Joint Statement, which was facilitated over the last two and a half years through Stanford…
EPA Declines to Revise Air Quality Standards for Particulate Matter and Ozone
The U.S. Environmental Protection Agency (EPA) has announced its decision to retain the current National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5) and ozone (O3) under the Clean Air Act. However, the new Biden EPA is all but certain to reevaluate the standards and likely to reach different conclusions.
PM2.5 is a…
Gas Pipeline Regulatory Reform Rule Finalized
On January 11, the Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized its June 2020 proposed rulemaking intended to reduce regulatory burdens and offer greater flexibility to gas pipeline operators, previously discussed in our post here. Pipeline operators may voluntarily comply with the rule starting on the effective date of March 12, 2021, but…
EPA Promulgates Final Cost-Benefit Analysis Rule for Clean Air Act Regulations
The U.S. Environmental Protection Agency (EPA or Agency) issued final regulations governing cost-benefit analyses for Clean Air Act (CAA) rulemakings on December 23, 2020. The rule, titled “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process,” imposes certain requirements on the Benefit-Cost Analysis (BCA) that EPA must conduct…
Dave Ross, Longtime Public Servant in Federal and State Environmental Agencies, Joins Troutman Pepper
Ross Brings Unique Background of Federal, State and Private Sector Experience to Firm, Expanding Environmental and Natural Resources Practice
WASHINGTON (January 11, 2021) – Dave Ross, a longtime public servant who has held key leadership positions in federal and state environmental agencies, has joined Troutman Pepper as a partner in the firm’s Environmental and Natural Resources Practice…