EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.
The EPA’s
Latest from S&W Environmental, Natural Resources, Oil and Gas Law
EPA Finalizes PFAS Drinking Water Rule
by Patrick Paul
On April 10, 2024, President Biden’s Environmental Protection Agency (EPA) has recently finalized a significant rule addressing per- and polyfluoroalkyl substances (PFAS) in drinking water, marking the first time that legally enforceable drinking water standard to protect
SEC Pauses Climate Change Disclosure Rules
by Patrick Paul, Shawane Lee, and John Habib
The Securities and Exchange Commission (SEC) recently made a significant decision to pause its implementation of new rules aimed at enhancing climate change disclosures by public companies. (Order Issuing
Court Rejects ADEQ’s Attempt to Remove Corporate Protections For Small Businesses
The Arizona Department of Environmental Quality (“ADEQ”) filed suit against a company alleging that it was violating an Administrative Consent Order (“ACO”). What made the lawsuit unusual was that ADEQ also sued 3 individual officers of the company, alleging that
Arizona Chamber of Commerce and GOP Leaders Challenge EPA’s PM-2.5 Standard in Court
by Patrick Paul, Shawane Lee, and John Habib
In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit
SEC Revises (and Weakens) Climate Disclosure Rules
by Patrick Paul; Shawane Lee; John Habib
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final climate disclosure rules sparking a range of reactions within the business and environmental communities. These changes represent a
EPA Announces Removal of Existing Natural Gas Plants from Proposed Carbon Rule
On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting
FDA and Industry Announce the End of PFAS Use in Food Packaging
In a significant move designed to enhance public health, the U.S. Food and Drug Administration (FDA) has announced that the sale of per- and polyfluoroalkyl substances (PFAS) used in grease-proofing food packaging has ceased in the United States. (USFDA Announcement)
Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming
Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon.
EPA Issues Emergency New Rule on Waters of the United States
Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act (CWA). Believing that this