On December 26, 2023, the U.S. Environmental Protection Agency (EPA) published an Interim final rule updating its October final rule restricting the use of some hydrofluorocarbons (HFCs), a key substance used in refrigeration and cooling technologies in residential, commercial, transportation, and industrial settings. The Interim final rule to EPA’s Phasedown of Hydrofluorocarbons: Restrictions on the
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Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.
The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species Act (ESA), with a final listing decision likely to occur next year. Listing the turtles would affect large swaths of California, Oregon, Washington, and
EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program to Discharges Through Groundwater. This draft
EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program to Discharges Through Groundwater. This draft
EPA’s New 401 Certification Rule: Expanded Scope and Unanswered Questions
The US Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water
EPA’s New 401 Certification Rule: Expanded Scope and Unanswered Questions
The U.S. Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water
EPA Withdraws Cybersecurity Rule for Public Water Systems
The U.S. Environmental Protection Agency (EPA) has formally withdrawn cybersecurity rules it promulgated in March requiring that states report cybersecurity threats to their public water systems (PWS). The reversal comes in the wake of lawsuits filed in the Eighth Circuit in July by Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works
US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts
On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting requirements for per- and polyfluroalkyl substances (PFAS) and supplier notifications for chemicals of special concern. The rule becomes effective 30 days after publication
California Adopts Landmark GHG Emissions and Climate Risk Reporting Laws
On October 7, 2023, California Governor Newsom signed two landmark bills into law, Senate Bill (SB) 253 and SB-261, imposing new requirements on large companies doing business in California to publicly report their annual greenhouse gas (GHG) emissions and climate-related risks. These laws apply to both publicly traded and privately held companies, exceeding the scope
Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority
Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply caused by the airport authority.