On October 4, 2021, the US Fish and Wildlife Service (FWS or the Service) published a final rule revoking its January 7, 2021, Migratory Bird Treaty Act (MBTA or Act) rule. 86 Fed. Reg. 54,642 (Oct. 4, 2021) (Rule or
Continue Reading FWS Revokes Trump Administration’s Migratory Bird Treaty Act Rule
In a dramatic announcement last week, EPA suggested that if companies import, manufacture, or process a finished good for commercial sale, and that product is not a pesticide, not a firearm, not a tobacco product, and not a food, food
Continue Reading EPA May Require Companies To Know All The Chemicals In Products They Make Or Sell
On September 22, 2021, the Division of Corporation Finance (Division) of the Securities and Exchange Commission (SEC) issued a sample comment letter to highlight its increased focus on climate change-related disclosures or the absence of such disclosures in issuer filings
Continue Reading SEC Issues Sample Climate Change Comment Letter
The American Bar Association published an article, You’ve Come a Long Way Baby, or Have You?, which highlights the results of a new study by Hunton Andrews Kurth LLP attorneys Shannon S. Broome, Lauren Bachtel, and Jennifer MikoLevine, and environmental
Continue Reading You’ve Come a Long Way, Baby! Or Have You?
Recent federal court decisions continue to show that Article III standing can be a formidable defense to environmental citizen suits, particularly following the Supreme Court’s decision Spokeo v. Robins, 578 U.S. 330 (2016).
Continue Reading Article III Standing Still Proving to be a Formidable Defense to Environmental Citizen Suits
As we have reported previously in this blog, in March 2021, the Massachusetts Governor signed historic climate legislation designed to effectuate the Commonwealth’s goal of net-zero emissions by 2050 (Chapter 8 of the Acts of 2021 or the “Act”). Some
Continue Reading State Lawmakers Confront the Challenge of the Energy Transition
On August 30th, EPA granted the 2007 Petition from the Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) requesting that EPA revoke all chlorpyrifos tolerances. This followed the Ninth Circuit order earlier this year for
Continue Reading EPA Publishes a Final Rule Revoking All Tolerances for Chlorpyrifos, Impacting Raw Agricultural Commodities and Food Uses
8.18.2021 EPA Finalizes Hazard Assessments for Two Fuel Additives (ETBE and tert-Butanol):
On August 18th, EPA finalized the long-awaited hazard assessments for both Ethyl Tertiary Butyl Ether (ETBE) and tert-Butyl Alcohol (tert-Butanol). ETBE was previously added to gasoline to increase
Continue Reading ICYMI: EPA’s IRIS Program is Ramping up its Activity for chemicals, including PFAS; EPA’s TSCA Program Releases Guidance for Exemptions to CDR Reporting
In the face of accelerating EPA and state regulatory activity on per- and polyfluoroalkyl substances (“PFAS”), Congress is pressing forward with measures that would address or impose limitations on these “forever chemicals.”
Continue Reading Congress Presses Forward on PFAS Measures
Last month, the Ninth Circuit Court of Appeals denied a petition for review brought by environmental non-governmental organizations (ENGOs) challenging EPA’s conclusion that the Phoenix-Mesa, Arizona metropolitan area, which had been designated nonattainment for a National Ambient Air Quality Standard
Continue Reading EPA’s Finding that Wildfires Did Not Preclude NAAQS Attainment is Upheld
