Secondary NAAQS have traditionally not been more stringent than primary ones, yet EPA’s staff and science advisors are developing recommendations that EPA promulgate such standards. Any new, more stringent secondary NAAQS would raise significant implementation questions.
The Nickel Report
Trends and Developments in Energy and Environmental Law
Latest from The Nickel Report - Page 4
Recent Regulatory Agendas Show Robust Slate of Rulemakings Coming for TSCA and PFAS
In June 2023, federal agencies released their “Spring 2023” Regulatory Agendas that provide an outlook for numerous upcoming regulatory actions on chemicals which could have significant implications for the regulated community. Hunton Andrews Kurth LLP’s regulatory team have provided analyses…
California Governor Newsom Signs Legislation Intended To Facilitate Clean Energy and Infrastructure Development
On July 10, 2023, California Governor Gavin Newsom signed into law a suite of bills intended to facilitate the permitting and approval processes for clean energy and other infrastructure projects in California.
Enactment of these measures in conjunction with the…
PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
While liability for PFAS—per- and polyfluoroalkyl substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover…
Looking for Protection from Future Environmental Citizen Suits? The Eleventh Circuit Provides Guidance
A recent decision by the Eleventh Circuit could provide guidance to defendants seeking to resolve government enforcement actions and obtain protection from future environmental citizen suits.…
Department of Energy Establishes Clean Hydrogen Roadmap
On June 5, 2023, the US Department of Energy (DOE) published its US National Clean Hydrogen Strategy and Roadmap. This report addresses the Infrastructure Investment and Jobs Act (IIJA) requirement that the DOE “develop a technologically and economically feasible…
Minnesota Becomes Second State To Pass Sweeping PFAS Ban and Reporting Law Targeting All Products
In May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances (PFAS) in 2025 and then all products in 2032, and also establishes reporting requirements for…
Amendments to NEPA Following Debt-Ceiling Deal Would Improve Permitting for Major Infrastructure Projects
On June 3, 2023, President Biden signed the Fiscal Responsibility Act to temporarily suspend the United States’ debt limit. The legislation also amends the National Environmental Policy Act with the intent of streamlining the federal permitting process for infrastructure projects.…
Federal Judge Rules for Vineyard Wind in First of Four Pending Actions
On May 17, 2023, the US District Court for the District of Massachusetts granted summary judgment to federal government defendants and intervenor Vineyard Wind in the first of four lawsuits pending in that court challenging the development of Vineyard Wind,…
EPA Releases Proposed Rule under TSCA to Ban or Restrict Most Uses of Methylene Chloride
On May 3, 2023, EPA released its proposed risk management rule under Section 6(a) of the Toxic Substances Control Act (TSCA) to impose restrictions on the manufacture, import, processing, distribution, and use of methylene chloride, a widely-used solvent in a…