Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established by the Court in the 1984 Chevron
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Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions
In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding. And now it’s back in play, through regulatory revisions proposed by EPA in late September
EPA Seeks to Modify RCRA Standards for Managing Containers and Drums
The U.S. Environmental Protection Agency (EPA) released an advance notice of proposed rulemaking with a focus on modifying the treatment and handling of “empty” containers and drums under the Resource Conservation and Recovery Act (RCRA). The EPA is soliciting information
Supreme Court Rules for the Sacketts: The “Significant Nexus” Test is Dead – Long Live “Adjacent Wetlands”
On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean Water Act (CWA) scored a
OSHA May Seek to Allow Union Officials to Join Inspections at Non-Union Facilities
Below is an excerpt of an article published by the Connecticut Business and Industry Association (CBIA) on April 12, 2023.
OSHA is poised to revive a policy that would require employers to permit union officials to take part in agency
EPA Proposes Enforceable Drinking Water Standards For PFAS
Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS). In contrast to non-enforceable health advisory levels introduced in 2016 and revised in 2022,
EPA’s Proposal to Tighten the Fine Particulate NAAQS: What’s Proposed, Who’s Potentially Impacted
On January 6, 2023, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5). PM2.5 refers to PM with
EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in Sackett
In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act (CWA) permits
Ozone Nonattainment “Bump-up” in Connecticut: Is your facility about to get bumped into more stringent air regulations?
For air emission sources in New Haven County, Middlesex County, and Shelton, Connecticut, the regulatory landscape will change on November 7, 2022.
Per a regulation published on October 7, 2022, the EPA is reclassifying the extent to which air quality
No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston
The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and institutional properties “down by the banks