Recently, the U.S. Environmental Protection Agency (EPA) took a preliminary step toward requiring limits on some National Pollutant Discharge Elimination System (NPDES) discharges of per- and polyfluoroalkyl substances (PFAS) into surface water. On March 17, EPA issued an advance notice of proposed rulemaking pursuant to the Clean Water Act (CWA), which seeks public comment on data EPA has collected about certain PFAS discharges to surface water and requests additional information about businesses that make or use these substances (the ANPRM). The public has until May 17, 2021, to submit comments.
Continue Reading EPA Considering Revised Effluent Limitations Guideline Relating to PFAS

This week, the Fourth Circuit issued a decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P. that addresses three key issues arising in many federal Clean Water Act (CWA) cases:

  1. How, as a legal matter, courts treat “historic” contamination under the CWA;
  2. Whether good-faith remedial efforts undertaken under the supervision of relevant agencies by themselves strip federal jurisdiction over citizen suits under similar legal authority; and
  3. Whether CWA-regulated “pollutants” need to discharge directly into CWA-regulated “navigable waters” to violate the CWA.


Continue Reading Fourth Circuit Decision Addresses Three Key Clean Water Issues

As the Trump-era Environmental Protection Agency (EPA) continues the process of reconsidering Obama-era decisions, we have seen a flurry of EPA-requested stays on ongoing litigation related to rules and decisions from the prior administration. The courts have generally been willing to grant these motions, issuing 60, 90, or 120-day stays for most cases.
Continue Reading EPA Litigation Snapshot: Pivotal Cases See Continued Delays

President Trump recently issued two executive orders that aim to reform administrative regulations and improve domestic energy production. On January 30, 2017, President Trump issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” which, among other things, introduced a regulatory impact cost cap for 2017. On March 28, 2017, President Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth,” which instructed an agency review of regulations that hinder domestic energy production.

Continue Reading Trump EPA Delays Ongoing Obama-Era Litigation