On December 15, 2022, U.S. EPA issued its final rule adopting the ASTM E1527-21 standard for Phase I environmental site assessments as meeting the All Appropriate Inquiries (AAI) requirement to qualify for new owner and operator defenses against liability under
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U.S. EPA Proposed Listing of PFOA and PFOS: The Effects and Costs of Forever Chemicals

On September 6, 2022, the U.S EPA’s long-awaited proposed rule to list perfluorooctanoic acid (PFOA) and perluoroocanesulfonic acid (PFOS) as CERCLA hazardous substances was published in the Federal Register (Proposed Rule).[1] This triggers a 60-day public notice and…
CALIFORNIA PROPOSES FURTHER CHANGES TO PROPOSITION 65 SHORT-FORM WARNINGS
The PFAS Roadmap: Pathway to Environmental Justice
U.S. Environmental Protection Agency PFAS Strategic Roadmap: A Not-So-Brief Overview — with More to Come
Final Minimum Risk Levels for PFAS: What Do They Mean?
2021: The Year of the Ohio Air Quality Development Authority?

If you’ve been involved with an energy project in Ohio any time in the last several decades, you may well already be familiar with the Ohio Air Quality Development Authority (OAQDA), which marks its 50th anniversary this year.[1] But…
Nationwide Permit 12 Has Been Vacated. Does that Matter Nationwide?

Update 7/16/2020: On July 6, 2020, the U.S. Supreme Court significantly narrowed the scope of the District Court’s injunction by staying the order except as applied to the Keystone XL pipeline, pending resolution of the appeal before the U.S. Court…
RENEWED IMPORTANCE OF INTERPRETING AND DRAFTING FORCE MAJEURE CLAUSES IN MINING AND ENERGY CONTRACTS IN LIGHT OF COVID-19
Economic fluctuations bring about a number of difficult decisions for businesses operating in mining and energy industries in the form of staffing levels, production capacity increases or reductions, areas of expansion or contraction, supply chain challenges and overall business strategies. …