Author: Oliver E. Twaddell

Clean Water Act / EPA
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Clean Water Rule Update — The EPA Postpones Effective Date of WOTUS

The Clean Water Act (CWA) establishes a structure for regulating discharges of pollutants into the waters of the United States and regulates quality standards for surface waters. In May 2015, the EPA and the U.S. Army Corps of Engineers announced the Clean Water Rule (the Rule or WOTUS), hoping to clarify the reach of the elusive phrase “waters of the United States” — the bodies of water protected under the CWA. When the Rule passed in 2015, developers, farmers, and property owners alike became extremely …

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New Jersey / New York / PFOA
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The PFOA/PFOS Conversation Moves from New Jersey to New York

In November, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And a few weeks ago, we reported on the New Jersey scientists that are urging the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Now we move to New York.

In September 2017, New York Governor Andrew Cuomo announced his …

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New Jersey / PFOA
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First for First’s Sake or Sound Policy? New Jersey Again Focuses on PFAS MCLs

A few weeks ago, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And now we come to you with the latest development in the realm of perfluoroalkyl and polyfluoroalkyl substances (PFASs). This past week, New Jersey scientists urged the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Support for …

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New Jersey / PFOA
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Garden State Leads the Nation in Adopting the Strictest MCLs for PFOAs

A couple of random things you might not know about Jersey.

We’ve got great tomatoes, corn, and peaches, and some of the strictest environmental regulations in the country. By way of example, the NJ DEP now leads the nation in setting the lowest Maximum Contaminant Limits (MCL) of 14 parts per trillion (ppt) for PFOAs (perfluorooctanoic acid) — a chemical used in the manufacture of consumer products that essentially everyone has used, such as nonstick cookware, food packaging, stain resistant furniture, dental floss, breathable fabrics, …

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Due Diligence
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Environmental Due Diligence for M&A Transactions

Part 1-Introduction

A common purchase in the United States is a car, something necessary for many of us to get to work, travel to the grocery store, pick-up kids at school — among the thousands of destinations where Americans use their car. When we buy a car, we often do an investigation, so to speak. We do online research on the vehicles that peak our interest, we inspect the vehicle at the dealership, we ask questions of the dealer, and we test-drive the car. We …

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Puerto Rico
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Hurricane Maria Brings Expected Adverse Environmental Impact to Puerto Rico

In recent weeks, we’ve written about the documented environmental effects of Hurricanes Harvey and Irma. The recovery periods for those disasters will take substantial time, and even then the ramifications of those powerful hurricanes will be felt long after. Unfortunately, we have seen yet another natural disaster in Hurricane Maria — the destructive Category 4 storm that made landfall on the southern coast of Puerto Rico at around 6:15 AM EDT last Wednesday, since causing much havoc to the territory. As late as September 23, …

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EPA / Texas
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Hurricane Harvey’s Devastation Will Be Felt Long After Water Recedes

Hurricane Harvey has decimated the great city of Houston, displacing residents from their homes — and in many cases — destroying homes, investments, and in some scenarios, taking the life of a loved one. It will take billions of dollars to repair Harvey’s destruction, and many people will never replace what the hurricane took. Even with that, the event has more bad news. Not only did Harvey destroy property, and in some instances take human life, it also has created a toxic environmental nightmare.

Houston’s …

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EPA
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How Long Should We Wait for Those Good Things They Say are Worth Waiting For?

On July 25, 2017, the EPA’s recently created Superfund Task Force released a number of recommendations on how to “streamline and improve the Superfund program.” These recommendations (e.g., recommendation number one is “Target NPL Sites That Are Not Showing Sufficient Progress Towards Site Cleanup and Completion”) were generated after the EPA director criticized the cleanup time involved in the Superfund process. Has the process been taking too long?

The Superfund program involves both an identification and investigation process that’s been time consuming. To …

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Clean Water Act / Regulations
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The Trump Administration’s Unified Agenda: An Exercise in Deregulation

A few weeks ago, we outlined the Trump administration’s rollback of the Clean Water Rule — an Obama era proposal that expanded the definition of “waters of the United States” under the Clean Water Act. This past week saw the administration continue on that theme, deregulating the Obama era agenda. On Thursday, July 20, 2017, the administration released its semi-annual Unified Agenda of Regulatory and Deregulatory Actions — a report on the actions that administrative agencies plan to issue in the near and long term …

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Clean Water Act / EPA
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The Rollback Begins: Is it the Beginning of the End for the Clean Water Rule?

President Trump recently got the ball rolling on rescinding or revising The Clean Water Rule (the Rule) — a President Obama-era environmental regulation that sought to expand the federal government’s reach under the Clean Water Act (CWA).

For background, the Federal Water Pollution Control Act, enacted in 1948 and later reorganized and expanded in 1972, is known today as the CWA. The CWA establishes a structure for regulating discharges of pollutants into the waters of the United States and regulates quality standards for surface …

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