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
Environmental Law & Policy Monitor
Analysis and commentary on developments in environmental and natural resources law
Latest from Environmental Law & Policy Monitor - Page 16
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…
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…
California Classifies Solar Panels as Universal Waste
By Angela Levin & Buck Dixon
The California Department of Toxic Substances Control (DTSC) recently finalized long-awaited revisions to its hazardous waste regulations that will allow PV solar panels to be managed as “universal waste” beginning on January 1, 2021. This reclassification will have significant implications on how spent PV solar panels are managed in the state.…
New Jersey: Permits and Approvals Must Be Registered With NJDEP By October 8, 2020 to Claim PEA 2020 COVID-19 Extension
On July 1, 2020, New Jersey’s Governor Phil Murphy signed the Permit Extension Act of 2020 (“PEA 2020”) into law. The PEA 2020 tolls certain state and local permit approvals, including approvals of soil erosion and sediment control plans granted by a local soil conservation district and waterfront development permits, during the pendency of the…
EPA Issues Long-Awaited Update to CWA Financial Capability Assessment
The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of delinquent bills and the termination of service. The affordability of water and sewer service has also been a central topic in environmental justice discussions. In the midst of this heightened interest, the…
Illinois EPA Proposes PFAS Standards
The Illinois Environmental Protection Agency (IEPA) released new proposed groundwater quality standards for select per- and polyfluoroalkyl substances (PFAS). The new standards were released as a discussion draft of proposed amendments to the groundwater quality rules under 35 Ill. Adm. Code Part 620, regulating the following PFAS types:…
New DOJ CWA Enforcement Guidance
Citing delegated States as the primary enforcers of the Clean Water Act (CWA) and the promotion of federalism, Assistant Attorney General for the U.S. Department of Justice’s (DOJ) Environmental and Natural Resources Division (ENRD) Jeffrey Bossert Clark recently issued a memorandum promoting the use of enforcement discretion for certain civil CWA matters where a state…
California’s PFAS Investigation Expands to Include Wastewater Treatment Plants
By Louise Dyble & Angela Levin
The California State Water Resources Control Board (Water Board) has issued Order WQ 2020-0015-DWQ, requiring Publicly Owned Treatment Works (POTWs) with dry weather design flows greater than 1 million gallons per day to test for per- and polyfluoroalkyl substances (PFAS) in influent, effluent, biosolids, and, in some cases, groundwater. POTWs with existing groundwater monitoring programs may…