PFAS: A New Source for Regulatory Concern
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PFAS: A new source for regulatory concern
Per- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil, stains, grease, and water. There are approximately 3,500 different compounds under the umbrella of PFAS. Some of these were used in firefighting foam, which in some places, including near airports, were spread over the ground to prevent forest fires. The most well-known…
EPA Considers Whether a Discharge of Pollutants to Groundwater that is Connected to Navigable Waters Requires a Federal Permit
Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as “waters of the United States” under the Act. Over the years, various federal courts have reached differing conclusions on the question of whether discharges to groundwater can be considered discharges to waters of the United States. This issue recently came to a head in a 9th Circuit opinion. In response, the U.S. Environmental Protection Agency (EPA)…
EPA Considers Whether a Discharge of Pollutants to Groundwater that is Connected to Navigable Waters Requires a Federal Permit
On February 20, 2018, the U.S. Environmental Protection Agency (EPA) requested comments on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow with a direct hydrologic connection to the jurisdictional surface water may be subject to regulation under the Clean Water Act (CWA).
The answer to this question will have far reaching implications because the scope of the agency’s powers under the CWA determines the scope of:…
Planes, Trains and Automobiles…And Factories, Refineries, And Power Plants? Court to Hear Challenge to Expansion of Greenhouse Gas Regulations
As you’ve likely heard, the Environmental Protection Agency (EPA) has now officially taken the position that greenhouse gases like carbon dioxide are fair game for regulation and in fact are required to be regulated under the Clean Air Act. While this development may be cheered by environmental conservation groups and climate scientists, those who will actually have to implement the technology necessary to comply with EPA’s new regulations are less thrilled. Another pitched battle is…
