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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On April 28, 2023, President Biden signed an executive order entitled “Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All” (“the Order”). The purpose of the Order is to renew a pledge made in Executive Order 12898 of February 11, 1994 (“the 1994 Order”) and more effectively implement the tenets in the…
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On March 30, 2023, the United States Department of Justice (“DOJ”) filed suit against railway operator Norfolk Southern Corporation for violations under the Clean Water Act (“CWA”) and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in connection with a train derailment in East Palestine, Ohio. The February 3, 2023, derailment resulted in at…
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On March 14, 2023, the EPA announced proposed National Primary Drinking Water Regulations for six PFAS chemical compounds. The rule would limit the amount of PFOA perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to four parts per trillion (or ng/L) in drinking water across the nation. Perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA,…
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On December 20, 2022 3M, Inc. announced it would discontinue manufacturing of per and polyfluoroalkyl substances (“PFAS”) by the end of 2025. 3M is one of the world’s largest manufacturers of PFAS, accounting for $1.3 billion in annual sales revenue. 3M plans to scale down its PFAS manufacturing prior to the 2025 discontinuation date. PFAS…
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The Supreme Court heard oral argument in Sackett v. Environmental Protection Agency on October 3, 2022. Sackett involves property owners challenging an EPA compliance order determining that a property on which the Sacketts intended to build a home was a wetland as defined in the Clean Water Act (CWA). Sackett v. U.S. Env’t Prot. Agency,…
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On December 9, 2022, the U.S. Environmental Protection Agency (EPA) proposed a rule restricting the use of hydrofluorocarbons (HFCs). In a prepublication document, the EPA proposed the restriction of HFCs in refrigeration, air conditioning, heat pumps, foam blowing, and aerosols by 2025. The restriction would only apply if more environmentally friendly alternatives are available. According…
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In State ex rel. Stein v. E. I. du Pont de Nemours & Co., the North Carolina Supreme Court considered whether two companies spun off from E.I. DuPont de Nemours and Company (“DuPont”) could avoid personal jurisdiction in cases regarding claims involving the release of PFAS by asserting that those companies had never done business…
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