Judges Or Auctioneer Gavel On The Dollar Cash Background

Primary Defendants Broker Settlements of Major PFAS Litigation

Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of reaching, agreements with plaintiffs to resolve hundreds (and potentially thousands) of disputes concerning PFAS contamination of drinking water supplies owned or operated by various water providers throughout the country. 

AFFF is a highly effective firefighting agent used to control and extinguish Class B fuel fires at …

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New York is Ready to Attack Crypto Mining

On June 3, 2022, the New York State Senate passed the first bill in the country that bans certain cryptocurrency (crypto) mining operations. This bill, passed by the New York State Assembly in April 2022, now goes to Governor Kathy Hochul for her signature. The bill imposes a two-year moratorium on crypto mining operations that “require proof-of-work authentication methods to validate block chain transaction.” The bill would also require the New York State Department of Environmental Conservation to prepare a “generic” environmental impact statement on cryptocurrency mining operations using proof-of-work authentication …

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Recycle waste management

Do Your Plastic Bottles Leach PFAS?

On March 16, 2022, the U.S. EPA Press Office issued a news release about implementing two key actions to prevent exposure from products with PFAS (Per- and Polyfluoroalkyl).

The first action involves notification about fluorinated bottles; the second calls for the removal of two PFAS from the EPA’s Safer Chemicals Ingredients List. These two actions are consistent with the deadlines set in the “PFAS Strategic Roadmap; the EPA’s Commitment to Action 2021-2024”. The so-called roadmap—issued by the EPA in October 2021—is a relatively short (25 …

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Is There Still Lead in My Water?

In December 2021, the EPA announced new lead and copper rule improvements for drinking water. These rule improvements come on the heels of a prior extension of the final rule from June 2021. The final lead and copper rule was extended by the Biden Administration to provide more time for review and for input from communities that have been impacted by lead in drinking water.

According to the EPA, its “new Lead and Copper Rule” better protects children at schools and child care facilities by …

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EPA Set to Abandon Perchlorate Limits

On May 14, 2020, the EPA indicated it will not be imposing any limits on perchlorate, a chemical compound the EPA previously characterized as “a persistent contaminant of concern.” Perchlorate can be man-made or it can form naturally in the atmosphere in arid states in the Southwest U.S., in large deposits of sodium nitrate fertilizer in Chili, and in potash ore in the Northwest and Canada. Manufactured perchlorate is used in rocket propellant, munitions, explosives, fireworks, road flares, and in food containers and equipment that …

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A Trade Off For Clean Water

On February 6, 2019, the U.S. Environmental Protection Agency (EPA) issued its updated Water Quality Trading Policy (Updated Policy). The Updated Policy is an effort to respond to a growing environmental crisis — the over-enrichment of freshwater and coastal ecosystems with nutrients (nitrogen and phosphorus). Sources of nutrients include agriculture run-off, sewage treatment plants, and urban and suburban storm water. Reducing certain nutrients in water is one of the nation’s most challenging environmental issues.

At its most basic principle, “[w]ater quality trading … allows one …

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No Straw for You!

On January 1, 2019, the District of Columbia and the State of California became the latest jurisdictions to ban restaurants from offering their customers a plastic straw and other single-use plastics, including coffee stirrers.  Seattle and Vancouver have similar straw bans in place and regulations are now proposed or pending in New York City, Miami Beach, Fort Myers, and Monmouth Beach, among others. The straw ban movement has expanded beyond the U.S. and Canada; the United Kingdom proposed a ban on selling plastic straws, stirrers …

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The Scorecard

In May 2017, we reported about the intentions of EPA Administrator Scott Pruitt to rebalance the EPA. At that time, Pruitt discussed core values and stressed that going forward the process and rule making will matter. One of the customs that Pruitt expressed he wanted to shed was “the federal government [being] actively involved in picking winners and losers by using regulations and the power to penalize…” Pruitt contended that the EPA’s mission is and should be clean air, water quality, and land remediation.

On …

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The EPA’s Draft Strategic Plan — Part of the Rebalance?

In May, we wrote about the intentions of EPA director Scott Pruitt to rebalance the EPA. At the time, we reported on the speech Pruitt delivered at CERAWEEK, an annual conference involving leaders in industry, energy, the financial sectors, and government.

In early October, the EPA released a Draft Strategic Plan for fiscal years 2018-2022. This draft, released for public comment and review, echoes the comments made by Pruitt during CERAWEEK, including the three goals (listed below) to support the EPA’s “core mission” …

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“How am I doing?” — The Preliminary Hurricane Scorecard for the EPA

The EPA maintains that it is working with local, state, and federal officials to respond to Hurricane Harvey, Hurricane Irma, and Hurricane Maria. With all three hurricanes, the EPA maintains that its role is to assess and assist with drinking water and waste water systems, Superfund sites, and flood waters.

Christine Todd Whitman, former EPA Administrator, recently interviewed by Bloomberg News claimed that vacancies at the top of nearly all 10 regional EPA offices will likely hamper EPA’s response to Hurricane Harvey. Whitman said that …

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