EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule
The Council on Environmental Quality’s recent proposed revisions to NEPA regulations would explicitly include environmental justice in the NEPA process and codify a definition for the term. This proposal signals an upcoming first, a fixed place for EJ in federal law.
Continue Reading EJ Evolution: Proposed NEPA Regulations Spotlight Environmental Justice
The U.S. Supreme Court decision in Sackett v. EPA, No. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. The Court’s ruling holds
On September 14, 2022, the 19th Judicial District Court revoked air permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) under Louisiana’s Prevention and Significant Deterioration (“PSD”) regulations[1] for a Formosa Plastics facility (“FG LA”) planned to be built in St. James Parish.[2] The court ruled that LDEQ erred in issuing
This is Part II of our TSCA update following the recent changes to the TSCA legislation.
On June 29, 2016, the U.S. Environmental Protection Agency (“EPA”) released its first year implementation plan for the recently-enacted amendments to the Toxic Substances Control Act (“TSCA”). Faced with the ambitious requirements and timeframes laid out by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the “Act”), EPA has planned out its implementation activities during the first year. The agency divided up actions into four categories: Immediate Actions, Framework Actions, Early Mandatory Actions, and Later Mandatory Actions (beyond the first year of implementation).
Continue Reading EPA Biting Off More Than It Can Chew? Agency Publishes First Year Implementation Plan for New TSCA Legislation
This is Part I of a two-part series looking at the recent changes to the TSCA legislation. This article will explore the changes introduced by the Act. A follow-up article will explore the EPA’s recently released plan for implementing these changes.
Continue Reading Legislation Breathes New Life into the 40–Year Old TSCA Statute