On February 8, 2024, the EPA proposed changes to regulations under the Resource Conservation and Recovery Act (RCRA) to add nine PFAS compounds, “their salts, and their structural isomers . . .” to RCRA’s hazardous constituents list. The EPA promulgates a list of hazardous constituents under RCRA “comprised of chemicals that have toxic, carcinogenic, mutagenic,…
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On January 17, 2024, the Supreme Court of the United States (“SCOTUS”) heard oral arguments in the case of Relentless, Inc. v. Department of Commerce. The case involves a challenge by plaintiff Relentless to a rule issued by the National Marine Fisheries Service (“NMFS”) requiring the herring fishing industry to bear the cost of overcatch…
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On January 11,2024, the EPA issued the final version of a new significant new use rule (SNUR) applying to 329 PFAS chemicals designated as inactive on the Toxic Substance Control Act (TSCA) Chemical Substance Inventory (the “Inventory”). A number of PFAS chemicals are already subject to SNURs. This rule omits those to avoid redundancy. The…
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Environmental groups in the United States and Europe have filed complaints against Coca Cola and other companies accusing them of “greenwashing” their environmental sustainability claims. Companies are accused of greenwashing when they make claims that something is more eco-friendly, green, or sustainable than it really is. In 2021, Earth Island Institute brought a lawsuit against…
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The vast expansion of the renewable energy sector has prompted the EPA to modify existing universal waste requirements regarding the disposal of lithium-ion batteries and expand the universal waste rule to cover photovoltaic solar panels. The universal waste program was implemented in May 1995, as a subsection of the Resource Conservation and Recovery Act (RCRA), to…
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On October 3, 2023, the Environmental Protection Agency (“EPA”) announced it was accepting for investigation an Administrative Complaint filed by the Southern Poverty Law Center and the Natural Resources Council against the Alabama Department of Environmental Management (“ADEM”). The Complaint alleges that ADEM engages in racially discriminatory practices against residents in the Black Belt region…
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On September 8, 2023, the Army Corps of Engineers and Environmental Protection Agency published new standards defining “waters of the United States” as it relates to regulations under the Clean Water Act. The new regulations took effect immediately to fill a void left by the Supreme Court’s ruling in Sackett v. Environmental Protection Agency, 598…
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On August 3, 2023, the Environmental Protection Agency (“EPA”) issued a proposed denial of Alabama’s permit program to manage coal ash in landfills and surface impoundments. The EPA claims Alabama’s program is significantly less protective of people and waterways than required by federal regulations. This is the first time the EPA has proposed denying a…
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On April 12, 2023, the EPA and Biden Administration proposed new rules governing emissions from new vehicles manufactured in the United States between 2027 and 2032. The EPA bases its authority to enact the regulations on section 202(a) of the Clean Air Act. The Biden administration previously laid the groundwork for more stringent vehicle emissions…
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On May 25, 2023, the United States Supreme Court ruled in Sackett v. Environmental Protection Agency, 143 S. Ct. 1322 (2023) to narrow the scope of the Clean Water Act’s (“CWA”) regulations governing wetlands. The Court held that for wetlands to be regulated under the CWA, the wetlands must be connected to traditional navigable waters…
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