Seyfarth Synopsis: Continuing its assault on commonly used chemicals that pose risks to human health, the United States Environmental Protection Agency (“USEPA”) issued (but has not yet published in the Federal Register) bans on Trichloroethylene (“TCE” or “Tri”) and Perchloroethylene (“PCE” or “Perc”) under the Toxic Substances Control Act (“TSCA”). The bans were first proposed in 2023, but have now
Continue Reading Hung Out to Dry: USEPA Issues Bans on Trichloroethylene and PerchloroethyleneBy Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts to cut greenhouse
Continue Reading Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions
By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Scott T. Fenton, Jose Almanzar, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: United States Environmental Pr
otection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy to advance environmental
Continue Reading USEPA and Department of Justice Launch Comprehensive Environmental Justice Enforcement Strategy
By Jeryl L. Olson and Andrew H. Perellis
Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), which according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from Clean Water Act National Pollutant Discharge Elimination System (NPDES) permitting requirements.
According to the Agency, the exclusion applies regardless of
Continue Reading USEPA Determines Pollutant Releases to Groundwater from Point Source Do Not Require NPDES Permit