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EPA today released updated interim drinking water health advisories for PFOA and PFOS.  The health advisory level was previously 70 ppt (parts per trillion) for the total of PFOA and PFOS.  The updated interim health advisory levels are now 0.004 ppt for PFOA and 0.020 ppt for PFOS, three orders of magnitude lower.  EPA’s health…

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing. Utah Physicians for a …

EPA recently issued an Enforcement Alert to owners and operators of metal recycling facilities about high levels of VOC emissions that have been identified at a number of large shredders.  The issue of VOC emissions from metal shredders has not previously been well known or understood.  EPA is now publicly acknowledging the issue and, finally,…

In the wake of the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) has suspended requirements for state agencies to perform on-site compliance inspections in favor of off-site monitoring alternatives.

In a recent letter, the EPA Office of Enforcement and Compliance Assistance announced that state environmental protection agencies must continue with their required planned…

The United States Environmental Protection Agency (“EPA”) recently announced that it will be terminating its temporary enforcement discretion policy on August 31, 2020 at 11:59 PM Eastern Daylight Saving Time. In general, this means that EPA will not base any exercise of enforcement discretion on this temporary enforcement discretion policy for any noncompliance that occurs…

In Monday’s split decision, the U.S. Supreme Court held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (i) does not preclude owners of contaminated property from pursuing state law claims for nuisance, trespass and strict liability, but (ii) requires EPA approval of any remedial action conducted on the landowners’ property.

For nearly a…

The U.S. Supreme Court on Monday stated that it would review a case filed by property owners in Montana state court seeking restoration damages that were beyond the clean-up activities required by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In the case, Atlantic Richfield Co. v.

The U.S. Environmental Protection Agency (EPA) released a decision last week stating that revisions to the federal regulations for the management of wastes from the exploration, development, and production of crude oil, natural gas, and geothermal energy (i.e. oil and gas wastes from hydraulic fracturing and directional drilling) are not necessary at this time.  EPA…