LATEST INSIGHTS

Emissions / EPA
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New Year, New Vehicle Emissions Standards?

As 2021 came to a close and many Americans were setting their own standards and goals for 2022, the Environmental Protection Agency announced finalized revisions to national greenhouse gas emissions standards for passenger cars and light trucks. Overall, the new industry-wide average target will come out to roughly 40 miles per gallon by 2026. A reversal of the prior administration’s relaxation of fuel-emissions standards, the revised standards are the strictest federal greenhouse gas emissions requirements in history, and are seen as a fundamental part of …

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General
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Happy New Year!

As the sun sets on 2021, we wanted to take some time to wish all of our subscribers and their families a happy new year. The world of environmental law continues to evolve and we appreciate you dropping by this blog on a regular basis for emerging issues and up-to-date information.  Environmental Law Monitor will return next week with new posts. Once again, happy new year! …

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EPA / PFAS
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EPA Finalizes Fifth Unregulated Contaminant Monitoring Rule, Focusing on PFAS

On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as lithium, over a five-year period, with preliminary preparations beginning in 2022. According to the summary of the rule, published by the EPA, UCMR 5 “will provide new data critically needed …

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New York
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New York’s Statewide Ban on “Styrofoam” Starts January 1, 2022

Earlier this year the New York State Department of Environmental Conservation (NYSDEC) published proposed regulations relating to a statewide ban on the use of polystyrene foam (commonly known as Styrofoam) containers and loose fill packaging. With the comment period now closed, the polystyrene foam ban is set to go into effect on January 1, 2022.  

The ban will prohibit any person engaged in the business of selling or distributing prepared food or beverages for on- or off-site consumption from selling, offering for sale, or …

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EPA
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EPA Puts Natural Gas Facilities on its “Naughty” List for 2022

The Environmental Protection Agency (EPA) is moving to include natural gas processing (NGP) facilities, also referred to as “natural gas liquid extraction facilities”, to the expanding list of industry groups obligated to report releases of specific chemicals pursuant to the reporting requirements of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), commonly known as the Toxics Release Inventory (TRI).

The TRI requires certain industrial entities that create, manufacture, or otherwise use certain identified chemicals including hexane, hydrogen sulfide, toluene, benzene, …

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EPA
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EPA Signs Proposed Rule to Revise Definition of “Waters of the United States”

In late November, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States” protected by the Clean Water Act (CWA). The proposal aims to put back into place the pre-2015 definition, with some amendments to ensure suitability for present day. This definition, of course, determines which of the nation’s waterways falls within the definition of the CWA—the federal law that regulates the discharge of pollutants into …

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Emerging Issues
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A Black Friday Sale on Federal Oil and Gas Leases?!

This past Black Friday, while the rising cost of gas dominated the news and Americans began digging into their Thanksgiving leftovers, the U.S. Department of the Interior released a report concerning federal oil and gas leasing, prepared pursuant to Executive Order 14008. This order was signed by President Biden just days after he was inaugurated into office, placing a moratorium on federal oil and gas lease sales. Although the report does not recommend a total ban on oil and gas leasing on federal land, it …

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General
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New ASTM Standard Released for Phase I Environmental Site Assessments

For nearly two years, a task force comprised of various environmental professionals has been working on revisions to the American Society for Testing and Materials (ASTM) International Phase I Environmental Site Assessment (Phase I) Standard E1527-13, which is used by prospective purchasers in real estate acquisitions in order to satisfy the All Appropriate Inquiries (AAI) requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Purchasers must meet the AAI requirements in order to establish the innocent landowner, contiguous property owner, or bona fide …

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Emissions / EPA
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SCOTUS to Decide Whether Congress or the EPA has the Power to Regulate Carbon Emissions

On November 12, 2021, just as President Joe Biden prepared to travel to a major climate conference in Scotland with the intention of establishing America as a world leader in curbing greenhouse-gas emissions, the U.S. Supreme Court agreed to hear a challenge to a lower appellate court’s recent restoration of some of the Environmental Protection Agency’s regulatory authority concerning carbon emissions. The challenge focuses on a provision of the Clean Air Act requiring the EPA to identify the “best system of emission reduction” for existing …

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EPA
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EPA Moves to Enlarge Its Footprint on Methane Regulation

Methane, the powerful greenhouse gas responsible for a disproportionate percentage of man-made global warming, has for years been targeted with increasing oversight and regulation as a result of growing concerns about climate change. As a result, the Environmental Protection Agency (EPA), under the Biden administration, is seeking to expand its stance on the issue with sweeping new proposals.

The EPA put out new regulations on November 2, 2021, including a proposal that would reduce more than 40 million tons of methane from 2023 to 2035 …

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