DOJ’s Environment and Natural Resources Division Issues 2023 Accomplishments Report

On April 19, 2024, the US Department of Justice’s Environment and Natural Resources Division (ENRD) issued “Accomplishments for Fiscal Year (FY) 2023.” The accompanying press release said the report “highlights ENRD’s work in 2023 to defend pollution control measures, approvals for renewable energy projects and federal stewardship of public lands, wildlife and natural resources.” Large […]

EPA Issues Text of Proposed Rules to Address PFAS and other Emerging Chemicals

On January 31, 2024, EPA’s Administrator signed proposals to formally publish two rules to address per- and polyfluoroalkyl substances (PFAS) and other emerging chemicals. One rule will amend the definition of hazardous waste as it applies to corrective action. The other rule will change the Resource Conservation and Recovery Act (RCRA) regulations by adding nine […]

RCRA and CERCLA Rulemakings to Address PFAS

In addition to the recently announced EPA rulemaking to establish drinking water standards for some per- and polyfluoroalkyl substances (PFAS), EPA has also initiated rulemakings that will specifically address PFAS under the Comprehensive Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). PFOA and PFOS as CERCLA Hazardous Substances One […]

Company Agrees to PFAS Sampling Plan

A chemical manufacturer and EPA have executed an Agreed Order on Consent (AOC) that requires the company to sample and test for per- and polyfluoroalkyl substances (PFAS) in and near its manufacturing facility. EPA requested the PFAS sampling under Section 3013 of the Resource Conservation and Recovery Act (RCRA), which allows EPA to require specific […]

Sixth Circuit Rejects PFAS Class Action

A federal district (trial level) court certified a class action lawsuit against 10 manufacturers of per-and polyfluoroalkyl substances (PFAS) on behalf of every person “subject to the laws of Ohio” who has “0.05 parts per trillion (ppt) or more of PFOA (C-8) [which is a particular type of PFAS] and at least 0.05 ppt or […]

DOJ Announces Comprehensive Environmental Justice Strategy

In a May 5 news release, the US Department of Justice (DOJ) announced the launching of a “comprehensive environmental justice strategy” and also announced issuance of “an Interim Final Rule that will restore the use of supplemental environmental projects in appropriate circumstances.” DOJ Environmental Justice Memorandum On the same day, Associate Attorney General Vanita Gupta […]

EPA Releases Strategic Plan

On March 28, 2022, EPA released its Fiscal Year (FY) 2022-2026 Strategic Plan. According to the accompanying news release, the Strategic Plan “provides a roadmap to achieve EPA’s and the Biden-Harris Administration’s environmental priorities over the next four years.” According to its Overview, the Strategic Plan adds the foundational principle to “advance justice and equity” […]

Class Action Can Proceed Alleging Management Hid Environmental Liabilities

A federal district (trial level) court recently ruled that an investors’ class action lawsuit can proceed. The investors allege management knowingly understated the publicly held company’s environmental liabilities. Class Action Complaint Met Pleading Requirements Federal law requires security fraud claims be pleaded with some specificity. The company argued the allegations in the investors’ complaint did […]

Environmental Groups Challenge EPA’s PFAS Rules

Earthjustice, on behalf of three environmental groups, filed suit challenging two EPA rules relating to reporting requirements for per-and polyfluoroalkyl substances (PFAS). The rules, issued in 2020 and 2021, establish de minimis concentration exemptions and alternate threshold exemptions for reporting PFAS to EPA for the Toxics Release Inventory (TRI). Suit Seeks to Increase Reporting and […]

EPA Announces PFAS Comprehensive National Strategy

On October 18, 2021, EPA issued a news release of Administrator Reagan’s announcement of a “comprehensive Strategic Roadmap” to confront per-and polyfluoroalkyl substances (PFAS) contamination. According to the news release, the Roadmap has three guiding strategies: 1) increase investments in research, 2) leverage authorities to restrict PFAS chemicals from being released into the environment, and […]

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