Environmental Law & Policy Monitor

Analysis and commentary on developments in environmental and natural resources law

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On June 28, in a highly anticipated ruling, the U.S. Supreme Court overturned Chevron USA Inc. v. Natural Resources Defense Council Inc., finding that Chevron deference, the 40-year-old precedent deferring to reasonable agency interpretation of ambiguous statutes, is no longer valid. This decision, in addition to other recent Supreme Court rulings, represents a significant shift

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA). This final rule comes right on the heels of EPA’s April 8 announcement of the final rule

On April 8,  U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which will become effective 60 days after publication in the Federal Register, sets individual maximum contaminant levels (MCLs) for PFOA and PFOS

On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The effective date of the regulations will not be known until the regulations are published in the Federal Register. In the meantime, the

The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas (GHG) emissions and their material climate risks, with some requirements kicking in as early as 2025. On March 6, the SEC voted

Effective April 12, a new eagle take permitting regime will be in place. The eagle take permitting scheme has been criticized because of its overly conservative and burdensome requirements. These concerns culminated in a lawsuit filed against the U.S. Fish and Wildlife Service (FWS). Debra Shearwater et al. v. FWS, Case No. 14-CV-02830 (N.D. Cal

Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) from 12 micrograms per cubic meter (ug/m3) down to 9 ug/m3, changing the game on air quality permitting for much

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ). The ruling temporarily blocks EPA and DOJ attempts to enforce disparate-impact regulations promulgated under Title VI of the Civil