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Clean Water Act
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SCOTUS to Clarify Controlling Test for Wetlands under Clean Water Act

On Monday, January 24, 2022, the Supreme Court of the United States announced that it will clarify the governing standard for determining whether wetlands are “Waters of the United States” under the Clean Water Act in Sackett v. EPA. The court granted certiorari, limited to the following question: “Whether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act, 33 U.S.C. §1362(7).”

The Sackett case involves an Idaho couple who purchased …

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Clean Water Act / EPA
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U.S. EPA Cannot Serve as Mere Bystander under the Clean Water Act

On December 29, 2021, the U.S. District Court for the Western District of Washington held that, under the Clean Water Act, the EPA does not serve as a “mere bystander” in cases where states refuse to or cannot take action to implement water quality standards that protect aquatic life. See Northwest Envtl. Advocates v. United States EPA (2021) U.S. Dist. LEXIS 247673. For many years, the courts have held that while the states have primary responsibility under the Clean Water Act, the EPA itself must …

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Clean Air Act / Emerging Issues
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Ethanol Industry Suffers After Supreme Court Decision Regarding Year-Round E15

The U.S. Supreme Court dealt a significant setback to the ethanol industry on Monday, January 10, 2022, when it refused to review a ban stopping the Environmental Protection Agency (EPA) from allowing the year-round sale of a higher ethanol blend of gasoline.  

The sale of gasoline with 15% ethanol (E15) is generally banned in the United States during the summer months (June 1 to September 15) because studies show that such a high concentration of ethanol likely contributes to smog and may damage older …

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New York / Water Contamination
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Smaller NY Water Systems No Longer Exempt: Adoption of Emerging Contaminants List Yields Expected Testing of PFAS

On December 23, 2021, New York Gov. Kathy Hochul signed a new amendment to the public health law that will create New York’s first emerging contaminants list, and expand the number of chemicals to be included—many of which are per- and polyfluorinated substances (PFAS). Some say this new law establishes New York as perhaps the strictest jurisdiction in the U.S. with respect to testing drinking water for PFAS. Under the new legislation, titled “An act to amend the public health law, in relation to establishing …

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Emerging Issues
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Lithium-Ion Batteries; Too Good to be True?

Irony alert: that lithium battery powering up the laptop, smartphone, tablet, or smartwatch that is allowing you to view this article—which is likely the same breed of battery powering your digital camera, your teenager’s vape pen, your electric toothbrush, your father’s pacemaker, and your prized Tesla—though indeed a technological marvel, may also be contaminating your drinking water, eroding natural resources, and harming the environment in ways as copious as its innovative applications.

Truth be told, in a world consumed by climate crisis chatter and threatened …

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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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