On July 17, 2024, Governor Josh Shapiro signed the Carbon Capture and Sequestration Act into law, effective immediately. This comprehensive new statute positions Pennsylvania to join a growing list of states, including North Dakota, Wyoming, Indiana, and West Virginia, that promote underground storage of carbon dioxide. In this Alert, Attorney Gina Falaschi Buchman along with Kevin Garber and Sean McGovern discuss the Act’s authorization of underground injection and sequestration of CO2, and its three key aspects – pore space ownership, permitting and operating an injection and storage facility, and liability and long-term responsibility for sequestered CO2. To read the full alert, click here.
In the alert EPA Finalizes Rule Expanding Federal CCR Program, EPA continues to take action on coal combustion residuals (CCR), focusing on CCR Rule regulatory and enforcement matters, and operators of CCR Rule-regulated units, now expanded by this recent Final Rule, should be prepared for continued oversight by EPA. For more information on this development and other waste matters, please contact Donald C. Bluedorn II, Gary Steinbauer, Mackenzie Moyer.
In their recent alert U.S. Environmental Protection Agency Finalizes National Primary Drinking Water Regulations for Certain PFAS Chemicals Jean Mosites and Mackenzie Moyer discuss the finalized National Primary Drinking Water Regulation (NPDWR) Rule and how it is regulating six PFAS substances under the Safe Drinking Water Act by the U.S. EPA. This final rule establishes the first-ever nationally enforceable drinking water standards for PFAS. To read the full alert, click here.
In her recent alert New to Whom? The Fifth Circuit strikes down EPA’s attempt to regulate ongoing uses of PFAS under TSCA’s “significant new use” provision with Joseph Schaeffer, Sloan Wildman discusses an important opinion of the U.S. Court of Appeals for the Fifth Circuit that provides industry with much-needed clarity and predictability of the regulation of PFAS under a new use provision of TSCA. To view the full alert, click here.
In her recent alert D.C. Circuit Delivers EPA a Loss on Startup, Shutdown, and Malfunction Waivers under the Clean Air Act with Joseph Schaeffer, Gina Falaschi Buchman discusses the long-awaited decision in Environmental Committee of the Florida Electric Power Coordinating Group, Inc. v. EPA, in which it vacated the majority of an EPA final agency action commonly referred to as the 2015 SSM SIP Call in the D.C. Circuit. To view the full alert, click here.
In their recent alert PFAS and RCRA: EPA’s Latest Proposed Rules Significantly Expand Corrective Action Authority Sloane Wildman and Jessica Deyoe explain the impact of the two proposed rules the EPA published to address PFAS substances and other emerging contaminants under the authority of the Resource Conservation and Recovery Act (RCRA). To read the full alert, click here.
In her recent alert Pennsylvania Senator Yaw Introduces Bill to Repeal RGGI with Kevin Garber, Jessica Deyoe discuss the Senate Bill 1058 as it in part comes as a response to Governor Shapiro’s appeal of a November 2023 ruling by the Pennsylvania Commonwealth Court. To read the full alert, click here.
In her recent alert Trick or Treat? EPA Tightens Reporting Requirements for PFAS and other Chemicals of Special Concern with Joseph Schaeffer, Jessica Deyoe discusses the final rule published in the Federal Register this Halloween, which we previewed at the time of proposal, Environmental Protection Agency (EPA) increased the reporting requirements for per-and-polyfluoroalkyl substances (PFAS) and other chemicals of special concern under the Emergency Planning and Community Right-to-Know-Act, 42 U.S.C. §§ 11001-11050 (EPCRA), and the Pollution Prevention Act, 42 U.S.C. §§ 13101-13109 (PPA). To read the full alert, click here.
In her recent alert Court Holds Pennsylvania’s RGGI Rule Unconstitutional with Kevin Garber, Jessica Deyoe discusses on November 1, 2023, the Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Environmental Protection’s CO2 Budget Trading Program Regulation is an unconstitutional tax, declared the rule to be void, and enjoined DEP from enforcing it. To read the full alert, click here.
In her recent alert PA DEP Secretary Negrin Resigns with Ben Clapp, Jean Mosites discusses Pennsylvania Department of Environmental Protection (PA DEP) Secretary Rich Negrin submitting his resignation on October 26. To view the alert, click here.
In her recent alert EPA Releases Wide-Reaching Climate Enforcement and Compliance Strategy Memorandum with Gary Steinbauer, Gina Falaschi Buchman discusses the guidance memorandum entitled EPA’s Climate Enforcement and Compliance Strategy released by the U.S. EPA Office of Enforcement and Compliance Assurance. To read the full alert, click here.
In her recent alert DEP Releases Interim Final Environmental Justice Policy with Sean McGovern, Amanda Brosy discusses how the Shapiro administration recently released its Interim Final Environmental Justice Policy, which is due to go into effect on September 16, 2023. The Interim Final Policy requires use of the PennEnviroScreen tool, which will replace DEP’s current EJ Areas Viewer tool. To view the full alert, click here.
In her recent alert Federal CCR Regulatory Update: EPA Adds CCR To National Enforcement and Compliance Initiatives and Proposes to Deny Alabama’s CCR Permit Program with Don Bluedorn and Gary Steinbauer, Mackenzie Moyer discusses how the EPA has taken several actions to solidify its focus on the regulation of Coal Combustion Residuals (CCR). Operators of CCR Rule-regulated units should be prepared for continued oversight by EPA in the past week. To read the full alert, click here.
In her recent alert EPA Adds Nine PFAS Chemicals to the Toxics Release Inventory Reporting List with Matt Wood, Mackenzie Moyer discusses the EPA final rule updating the Toxics Release Inventory (TRI) chemical list to add nine more per- and polyfluoroalkyl substances (PFAS). The final rule increases the total number of TRI-listed PFAS to 189. To view the full alert, click here.
In her recent alert Sackett Decision Shrinks Federal Regulation of Wetlands, Lisa Bruderly discusses the highly-anticipated decision that significantly narrows the extent of wetlands within the definition of “waters of the United States” (WOTUS), and, therefore, within the jurisdiction of the federal Clean Water Act. Click here to view the full alert.