Federal and state lawmakers continue to advance legislative efforts to address per- and polyfluoroalkyl substances (PFAS). PFAS have been used in a variety of consumer products and industrial processes and are often recognized for use in nonstick cookware, waterproof apparel, and fire-fighting foam. The U.S. House of Representatives voted this week to pass legislation that would further regulate PFAS. In a bipartisan vote of 241 to 183, lawmakers advanced HR 2467, the PFAS Action Act of 2021, which would impose federal requirements to address PFAS under many environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Safe Drinking Water Act, and the Toxic Substances Control Act.
The U.S. Court of Appeals for the District of Columbia Circuit ruled on July 16 that the Environmental Protection Agency (EPA) must reconsider its 2019 targets under the renewable fuel standard (RFS) related to its potential effects on endangered species. In Growth Energy v. EPA, No. 19-01023 (D.C. Cir.), three groups of petitioners had challenged the rule: renewable energy producers, parties regulated by the RFS requirements, and a group of environmental organizations. (more…)
On Monday, June 28, 2021, the U.S. Environmental Protection Agency (EPA) approved the Texas Commission on Environmental Quality’s (TCEQ) request for delegated permit authority over coal ash disposal under the Resource Conservation and Recovery Act (RCRA).1
On June 25, 2021, the U.S. House of Representatives voted to rescind a Trump-era methane rule using its Congressional Review Act (CRA) authority, which includes special procedures that allow Congress and the President to rescind certain rules promulgated during a prior administration, within defined time limits. The Senate passed the CRA resolution disapproving the rule on April 28, 2021. The measure garnered bipartisan support in both chambers. Congress presented the resolution to President Biden, who signed it on June 30, 2021.
On June 21, 2021, the U.S. District Court for the Western District of Virginia dismissed a lawsuit by environmental groups challenging a Council on Environmental Quality (CEQ) July 2020 rule changing how agencies undertake National Environmental Policy Act (NEPA) reviews. Filed in June 2020, Wild Virginia et al. v. Council on Environmental Quality et al. alleged that CEQ’s rule violated NEPA and the Administrative Procedure Act (APA) and asked that the rule be vacated. Because other federal agencies have not yet drafted the procedures implementing the rule and might never do so under the Biden administration, the court concluded that the challenge was not ripe.
On June 11, 2021, U.S. Senator Cory Booker (D-NJ) and Representative A. Donald McEachin (D-VA) announced the reintroduction of the Environmental Justice Pollution Cleanup Act of 2021 – a bill first introduced in 2020, which would provide for significant investment in environmental justice communities to address the health and environmental effects of pollution. This marks the latest of a series of proposed legislation addressing environmental justice. In March 2021, we reported on the American Rescue Plan Act of 2021, which allocated $100 million in funding to the U.S. Environmental Protection Agency, for programs, including the retrofitting or replacement of diesel engines or equipment, cleanup and redevelopment of brownfields sites, and technical assistance for small community water systems.
On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI). The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.
The U.S. Environmental Protection Agency (EPA or the Agency) has formally repealed regulations establishing how the Agency would consider the availability of dose-response data (“Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,” 86 Fed. Reg. 469) (the Science Rule). The Science Rule, which was finalized and went into effect immediately on January 6, 2021, related specifically to studies describing the quantitative relationship between the dose or exposure of a pollutant, contaminant, or substance and its effect; the rule required, among other things, that EPA identify and give greater consideration to studies constituting “pivotal science” (defined as “the specific dose-response studies or analyses that drive the requirements or quantitative analyses of EPA significant regulatory actions or influential scientific information”) and make public all science that served as the basis for a significant regulatory action. (more…)
The U.S. House of Representatives Financial Services Committee advanced another piece of legislation related to disclosures of environmental, social, and corporate governance (ESG) metrics on Wednesday, May 12, 2021. Introduced by Rep. Sean Casten, D-Ill., HR 2570, the Climate Risk Disclosure Act, cleared the committee with the full support of the majority members in a vote of 28 to 24. (more…)