Author: Sarah B. Mangelsdorf

EPA Offices, Washington DC
EPA / PFAS
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EPA Proposes Changes to PFAS Reporting Requirements

The U.S. Environmental Protection Agency on Nov. 10 released a proposal aimed at improving the scope of its perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting requirements under the Toxic Substances Control Act (TSCA). 

The initial regulation was finalized toward the end of 2023. However, both the Biden and Trump administrations pushed back the initial compliance deadlines set forth in the regulation.

The purpose of the proposal, published in the Federal Register on November 13, is to make the reporting regulations more practical by reducing unnecessary and/or …

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wildfire
EPA / Wildfires
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Fighting Fire with Fire: EPA Issues Guidance Promoting Prescribed Fires to Help Prevent Catastrophic Wildfires

Last week, the Environmental Protection Agency issued its “Policy on Provisions to Allow Wildland Prescribed Fire in Clean Air Act State Implementation Plans” in accordance with  Section 4 (Strengthening Wildfire Mitigation) of Executive Order 14308, ‘Empowering Commonsense Wildfire and Response.’

This policy guidance comes in the wake of the EPA completing its largest-ever wildfire hazardous material removal effort in response to the January 2025 Los Angeles County fires.  In particular, EPA’s policy guidance directs its 10 regional offices to work with local, state, …

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Server room at data center
EPA
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EPA Prioritizes Review of New Chemicals Used in Data Center Projects

The Environmental Protection Agency announced last week a new initiative in which the agency will prioritize the review of new chemicals under the Toxic Substance Control Act (TSCA) intended for use in data center projects pursuant to Executive Order 14318, ‘Accelerating Federal Permitting of Data Center Infrastructure.’

Under TSCA, manufacturers and processors are required to submit pre-manufacture notices for new chemicals. They are also required to submit a significant new use notice if they plan to use existing chemicals for new uses.

In particular, Section …

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American Flag and Florida Flag between Palm Trees
Florida / NEPA
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U.S. District Court Orders Immediate Closure of ‘Alligator Alcatraz’

The U.S. District Court for the Southern District of Florida on Aug. 21 ordered the federal government to refrain from sending additional detainees to the detention center known as “Alligator Alcatraz” and to begin transferring detainees to other facilities within 60 days.  

The court further ordered that once all detainees are transferred, the facility must be dismantled, including the removal of all fencing, lighting, and generators. The court sided with tribal and environmental groups, finding that federal officials violated the National Environmental Policy Act (NEPA), requiring the government to issue an Environmental Impact Statement (EIA) or to conduct an Environmental Assessment (EA).

The government argued in opposition that a review under …

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Smoke emerging from chimneys
Climate Change
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What in the World?! ICJ Issues Landmark Opinion on Climate Change

In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may constitute an internationally wrongful act attributable to that state.” The opinion also stated that limiting global warming to 1.5C should be considered the “primary temperature goal” for nations and, to achieve it, they are obliged to make “adequate contributions.”

By way of background, this case was initiated by a …

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Spring meadow and blue sky over grass field, countryside landscape
NEPA / Regulations
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Agencies Take Major Federal Action Significantly Affecting NEPA’s Future

The National Environmental Policy Act (NEPA) applies to a major federal action that significantly affects the quality of the human environment. On June 30, several federal agencies took their own federal action which will likely have significant impacts in how NEPA is implemented in the future.

In particular, the Federal Energy Regulatory Commission, Department of Agriculture (DOA), Department of Energy (DOE), Department of Interior (DOI) and Department of Transportation (DOT) revoked their regulations which govern how these agencies handle their review of proposed projects under …

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sunrise over industrial park
Emissions / NEPA
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NEPA’s Greenhouse Gas Guidance Blown Up In Smoke

At the beginning of this year, ELM forecasted that 2025 would be a big year for the National Environmental Policy Act (previously covered by ELM  here), and so far, our prediction continues to ring true. 

In the latest NEPA news, the Council on Environmental Quality (CEQ) published a notice in the Federal Register announcing the withdrawal of its interim guidance on “Consideration of Greenhouse Gas Emissions and Climate Change” in NEPA reviews, effective May 28. The CEQ determined this interim guidance, which was previously …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Announces List of Upcoming Agency Actions to Address PFAS

The Environmental Protection Agency announced April 28 a list of upcoming agency actions to address Per- and Polyfluoroalkyl Substances (PFAS). 

This week’s announcement provides a broad outline of EPA’s plans that centers around three principles: (1) strengthening the scientific understanding of PFAS, (2) fulfilling statutory obligations and enhancing communication, and (3) building partnerships. 

PFAS are a class of thousands of humanmade “forever chemicals” that can last for many years in the environment. They are used in manufacturing and consumer products, such as non-stick pans, raincoats, …

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Computer Monitor screen, concept of email
Emissions / EPA
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EPA Introduces New Email Account for Regulated Community to Request Presidential Exemption

The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”). 

The CAA permits the president to grant exemptions to stationary sources from compliance with any standard or limitation set forth under Section 112 for up to two years if the technology required to meet the standard is not available and if it’s in the United States’ national security interests.

In particular, the EPA requested …

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EPA Offices, Washington DC
EPA / Wastewater
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Supreme Court Requires EPA to Set Specific Targets in Water Permits

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” 

San Francisco’s Oceanside plant, which has a combined sewage treatment plant and stormwater control system, discharges treated sewage and stormwater into the Pacific Ocean through eight pipes. Because one of the pipes discharges into federal waters, this facility is required to obtain a National Pollution …

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