EPA Releases PFAS Strategic Roadmap, Commits to Numerous Regulatory and Technical Goals Through 2024
On Monday, October 18, the U.S. Environmental Protection Agency (EPA or Agency) released its Strategic Roadmap for PFAS (per- and poly-fluoroalkyl substances). The Strategic Roadmap outlines a number of key actions EPA intends to take over the next three years, including rulemakings and technical reviews that will involve a number of the Agency’s offices. EPA’s Strategic Roadmap builds on the work of EPA’s Council on PFAS, convened by EPA Administrator Michael Regan in April 2021. (more…)
EPA Drops Guidance From Previous Administration Interpreting Post-Maui Clean Water Act Permitting Requirements
The U.S. Environmental Protection Agency (EPA or Agency) Office of Water announced that it will be rescinding guidance (the “rescission memo”) prepared in the final days of the Trump administration that provided an interpretation of federal Clean Water Act permitting requirements in the wake of the Supreme Court’s significant April 2020 decision in County of Maui, Hawaii v. Hawaii Wildlife Fund. (more…)
EPA Bans Use of Chlorpyrifos (Pesticide) on All Food
The U.S. Environmental Protection Agency (EPA) issued a final rule that essentially bans the use of chlorpyrifos on all food. With this rule, EPA is revoking all “tolerances” for this pesticide, which establish an amount allowed for use on food. (more…)
U.S. Senate Advances Bipartisan Infrastructure Package
This week, the U.S. Senate advanced a much-anticipated bipartisan infrastructure bill. After months of negotiations and a failed procedural vote last week, the White House and a bipartisan group of Senators unveiled a bipartisan infrastructure deal to provide $550 billion in new spending on July 28. That same day, in a 67-32 vote, 17 Republicans joined all 50 Democrats to invoke cloture on the motion to proceed to the bill. Today, the Senate passed another bipartisan procedural vote to officially consider the bill on the Senate floor. While the Senate continues to work on finalizing the legislative text, the following topline funding provisions were released:
Texas Receives Coal Ash Rule Approval from EPA
On Monday, June 28, 2021, the U.S. Environmental Protection Agency (EPA) approved the Texas Commission on Environmental Quality’s (TCEQ) request for delegated permit authority over coal ash disposal under the Resource Conservation and Recovery Act (RCRA).1
Congress Rescinds Trump-Era Methane “Policy Rule”
On June 25, 2021, the U.S. House of Representatives voted to rescind a Trump-era methane rule using its Congressional Review Act (CRA) authority, which includes special procedures that allow Congress and the President to rescind certain rules promulgated during a prior administration, within defined time limits. The Senate passed the CRA resolution disapproving the rule on April 28, 2021. The measure garnered bipartisan support in both chambers. Congress presented the resolution to President Biden, who signed it on June 30, 2021.
EPA Adds Three Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory
On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI). The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.
EPA Formally Repeals Trump Administration Transparency in Science Rule
The U.S. Environmental Protection Agency (EPA or the Agency) has formally repealed regulations establishing how the Agency would consider the availability of dose-response data (“Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,” 86 Fed. Reg. 469) (the Science Rule). The Science Rule, which was finalized and went into effect immediately on January 6, 2021, related specifically to studies describing the quantitative relationship between the dose or exposure of a pollutant, contaminant, or substance and its effect; the rule required, among other things, that EPA identify and give greater consideration to studies constituting “pivotal science” (defined as “the specific dose-response studies or analyses that drive the requirements or quantitative analyses of EPA significant regulatory actions or influential scientific information”) and make public all science that served as the basis for a significant regulatory action. (more…)
U.S. Supreme Court Provides Procedural Victory to Defendants Seeking to Keep Climate Change Nuisance Litigation in Federal Court
On May 24, 2021, the U.S. Supreme Court vacated and remanded First, Ninth, and Tenth Circuit rulings that sent climate change litigation to state courts (Order List: 593 U.S. – May 24, 2021). The Supreme Court’s orders come fresh off its May 17, 2021, decision in Mayor and City Council of Baltimore v. BP P.L.C., et al., in which the Supreme Court addressed appellate court review of a district court’s remand orders.
Texas Legislature Passes Anti-ESG Bill
Earlier in May, the Texas Legislature passed a bill (SB 13) that would prevent Texas from investing in environmental, social, and governance (ESG) financial products that boycott Texas energy companies. If signed into law by Republican Gov. Greg Abbott, SB 13 would require Texas’ public pension funds to “sell, redeem, divest, or withdraw all publicly traded securities of [any] financial company …” that “boycott[s] energy companies.” (more…)