Better late than never, but on January 4, EPA published its Fall 2022 Unified Regulatory Agenda. The Reg Agenda includes a few new rulemaking initiatives and a number of schedule changes that were largely expected since EPA has been running a few months behind on most of their major rulemakings (e.g., WOTUS, 401 Water
Environmental Law & Policy Monitor
Analysis and commentary on developments in environmental and natural resources law
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2023 Air Quality and Climate Regulation Watch List
2022 was a busy year for air quality and climate change policy, and 2023 promises to be no different. See below for a list of high-profile actions expected from EPA this year, along with a few you might not have on your radar screen.…
2022 Air Quality and Climate Highlights
Need a refresher on key developments in 2022 to prepare you for what’s next in 2023? Here’s a rundown of some high-profile happenings, along with some you might have missed.…
H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds
By Dave Ross & Anna Wildeman
John Goodin takes a break from his recent retirement to share invaluable insights with Dave and Anna from his 32-year career in EPA’s Office of Water. John talks about the long-running “waters of the United States” rulemaking, provides an insider’s perspective on federal decision-making, and connects his passion for travel with EPA’s mission to restore…
EPA Proposes Water Quality Standards Revisions Requiring Consideration of Tribal Treaty Rights
By Anna Wildeman & Dave Ross
Yesterday, EPA announced a proposed rule that would revise the agency’s regulations to include a requirement that water quality standards protect reserved tribal treaty rights. This proposal is a major milestone for the agency that has tried to incorporate reserved tribal treaty rights into its water quality standards program since at least 2015.…
Fish and Wildlife Service Announces Funding Grants for Fish Passage
On November 17, the U.S. Fish and Wildlife Service (Service) announced that $38 million in grant funding is available in fiscal year 2023 for fish passage projects. The goal is to award this funding to projects that address outdated, unsafe, or obsolete dams, culverts, levees, and other barriers. This funding effort is part of an…
NJDEP Interim PFAS Soil Remediation Standards
By Andrew Perel
The New Jersey Department of Environmental Protection posted interim soil remediation standards for several per- and polyfluoroalkyl substances (collectively PFAS) to include perfluoro nonanoic acid (PFNA), perfluorooctanoic acid (PFOA), perfluoro octane sulfonate (PFOS), and hexafluoropropylene oxide dimer acid and its ammonium salt (GenX). Posted in the October 17 NJ Register, the interim standards pertain to…
PFAS in Focus: Forever-Engineering With Trent Stober, HDR
By Dave Ross & Anna Wildeman
HDR Utility Services Director Trent Stober joins Dave and Anna to close out their PFAS miniseries, focusing on the real-world application of regulatory developments in the water sector. Trent provides perspective on how engineering consultants advise their water and wastewater utility customers on risk management, integrated planning, and other response strategies to the developing PFAS…
Supreme Court of California Finds FERC License Preempts Challenge to FERC Order
On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is acting on its own behalf as licensee of a hydroelectric project.…
FERC Denies Interior’s Requirement for Ongoing Species Notifications
On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a hydroelectric project to notify resource agencies if any activity may affect a federally listed Endangered Species Act (ESA) species and had not…