War on science persists within Biden EPA as staffers allege chemical reports altered

Environmental News Bits

Four scientists at the Environmental Protection Agency are alleging that the “war on science” is continuing under the Biden administration, with managers at the agency altering reports about the risks posed by chemicals and retaliating against employees who report the misconduct. The government watchdog Public Employees for Environmental Responsibility… Read more → Publications U.S. Read the full story at Common Dreams.

What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?

E2 Law Blog

The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund).

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NPL Listing Upheld for Groundwater Plume with No Identified Source

MGKF Law

Environmental Protection Agency (“EPA”) by holding that a groundwater plume can be listed as a Superfund Site on the National Priorities List (“NPL”) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § This post was authored by summer associate Kelly Hanna. In Daikin Applied Americas, Inc. EPA , the D.C. Circuit Court of Appeals sided with the U.S.

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Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported to state or local authorities pursuant to the permit need not be reported again to the United States Environmental Protection Agency (“EPA”) pursuant to the Section 103 reporting requirements of the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

Carbon Storage in the Bipartisan Infrastructure Bill

Law Columbia

The Environmental Protection Agency (EPA) has indicated that offshore carbon storage projects may also be regulated under the Marine Protection, Research, and Sanctuaries Act (MPRSA). By Romany M.

Challenge to Superfund Settlement Rejected by First Circuit, Highlighting CERCLA Risks to Non-Settling PRPs

MGKF Law

The First Circuit recently affirmed the District of Rhode Island’s approval of a superfund consent decree entered into between the United States Environmental Protection Agency (“EPA”), the State of Rhode Island and several Potentially Responsible Parties despite opposition by third party PRPs that the settlement was arbitrary and capricious and contrary to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

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All (New and Improved?) Appropriate Inquiry

Acoel

ASTM announced revisions to its standard practice for Phase I environmental site assessments (E1527-21) on November 1, 2021 (the “Standard”). Environmental Protection Agency (“U.S. Posted on December 17, 2021 by William L. Thomas.

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EPA Recognizes 2 PA Companies With Top Environmental Performers and Leaders For Freight Supply Chain Efficiency

PA Environment Daily

Environmental Protection Agency recognized two Pennsylvania companies-- Pittsburgh-based Armada Supply Chain Partners , and Reading-based Penske Logistics LLC -- as industry leaders in freight supply chain environmental performance and energy efficiency. For 17 years, EPA’s SmartWay Transport Partnership has empowered businesses to move goods in the cleanest, most energy-efficient way possible, while protecting public health and reducing air pollution.”

PFAS…The Forever Chemicals

Capaccio Environmental

The EPA’s approach is to hold contributors accountable, ensure science-backed decision making, and prioritizing the protection of disadvantaged communities. . The post PFAS…The Forever Chemicals appeared first on Capaccio Environmental Engineering.

EPA Proposes Designating PFAS as Hazardous

Greenbuilding Law

Environmental Protection Agency is proposing to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the “Superfund” law.

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Phase l Environmental Site Assessment Standard Being Revised

Greenbuilding Law

The Phase l Environmental Site Assessment Standard E1527-13 will sunset in late 2021, eight years from its approval on November 6, 2013. This is hugely significant because a Phase l Environmental Site Assessment is conducted in the vast majority of the 5.6

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The Supreme Court Has Unleashed a New Tool to Hamstring Federal Agencies. Congress Must Act.

Union of Concerned Scientists

Environmental Protection Agency (EPA) decision the US Supreme Court handed down in June curtailed strategies EPA can use to slow climate change, but its problematic implications stretch far beyond greenhouse gas reduction. The West Virginia v.

Spokespeople available to comment on the Provincial-Municipal Housing Summit, including housing affordability facts and key required actions

Enviromental Defense

Environmental Defence spokespeople are available for interviews about the key facts and actions required for housing affordability that should be part of the Provincial-Municipal Housing Summit. Press Release Protecting Ontario’s environment

Phase 1 Standard for All Appropriate Inquiries in Limbo

Greenbuilding Law

It is hugely significant that the Phase l Environmental Site Assessment standard is in limbo because that assessment is conducted in the vast majority of the 5.6 Webinar: “Are You Ready to Measure and Report your Building GHG Emissions?”

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Lessons from the Pandemic About Making Decisions Without Statutes

Acoel

9, 2022) at SR-7. In my January 2021 column for the Legal Intelligencer ’s Pennsylvania Law Weekly I suggested the opposite, or maybe an inside-out version of the same thing: “[t]he governmental response to the viral pandemic is. Legislatures have left executive branch officials for the most part without specifically tailored statutory tools to impose public health measures in response to the pandemic. Posted on January 11, 2022 by David G. Mandelbaum.

Well Done Foundation, Seneca Resources Partner On Orphaned Well Plugging Project In McKean County

PA Environment Daily

We applaud the WDF’s mission to reduce emissions and environmental impacts through the plugging of abandoned wells.” WDF initiated talks with the State of Pennsylvania earlier this year and has received the full support of the Department of Environmental Protection.

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Oil & Natural Gas Facility Health Impacts Assessment Bill Introduced In The House

PA Environment Daily

The Department of Environmental Protection is also required to gather baseline water and air quality data within 2,500 feet of the oil and natural gas facilities covered by the bill prior to construction and quarterly thereafter.

Landmines For Your Landowner Liability Protections?

Acoel

The ASTM E1527-13 Standard Practice on Phase I Environmental Site Assessments (“ESAs”) is required to be revised, re-approved as is, or abandoned this year. Very few environmental attorneys or their real estate clients are participating in this process, in part because it is so time consuming. For examples of controlled recognized environmental condition s , see Appendix X4.3.2.17.1. A de minimis conditions is not a recognized environmental condition.

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Flurry of PFAS Actions in the First 100 Days of the Biden Administration: The Highlights

Cole Sholtz

However, the United States Environmental Protection Agency (EPA) has not yet established any enforceable drinking water or remediation standards for any PFAS chemical. As the body of evidence showing potential adverse health effects and the high prevalence of PFAS in the environment increases, so do the calls for federal regulation from environmental organizations, the public, and even Congress. Provides hazard identification, dose-response information, and toxicity values.

Updated Phase l Environmental Site Assessment is Published But.

Greenbuilding Law

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon.

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Policy News: December 20, 2021

ESA

2773 ) is that the Senate bill funds the program through penalties paid for natural resources and environmental violations while the House bill does not specify a funding source. The Environmental Protection Agency receives $100 million for air quality and climate research.

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Roundup: Problematic COVID-19 Metrics and a Toxic Science Workplace 

Union of Concerned Scientists

While high-quality masks do provide protection to the wearer, protection is greatest with community masking. CDC isn’t the only agency involved in the pandemic response. This post is part of a series of quarterly roundups on scientific integrity.

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EPA Will Not Require Financial Assurances From Electric Power Sector

Clean Energy Law

CERLCA imposes a joint and several liability scheme that holds certain entities ( e.g. , certain owners and operators, generators, arrangers, and transporters of hazardous substances) liable for the costs or damages associated with environmental remediation.

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Houston, This is Harvey: Hurricanes are Hazardous

Vermont Law

in the intensity and frequency of major storms, industrial site owners and operators cannot and should not assume that they will be able to hide behind an “Act of God” defense to avoid liability or responsibility. Although the Environmental Protection Agency (EPA).

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Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. Useful Environmental Law Terms.

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Moving the Needle on PFAS Regulation

Vermont Law

As public concern grew, so too did the push for environmental monitoring near likely PFAS sources. Efforts to protect public health and the environment from PFAS have been hampered by major gaps in both federal and state law and the Environmental Protection Agency’s (EPA) unwillingness to act. Comprehensive Environmental Response, Compensation, and Liability Act. A Congressional Response? Vermont Journal of Environmental Law

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Two New Hazardous Substances: The Impact of Listing PFOA and PFOS under CERCLA

Arnold Porter

Liability for Response Costs under CERCLA Section 107. CERCLA establishes liability for owners, operators, arrangers, and transporters for the release or threatened release of a hazardous substance that caused response costs.

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Anti-Green-Washing-Soft-Policy: A Comparison of Transnational Eco-Labeling

Vermont Law

Eco-labels are soft-policy examples of progressive environmental policy with a consumer-empowering component. In fact, eco-labels illustrate powerful tools of consumer-driven environmental protection and show that green-washing can be stopped through soft law approaches. for instance, provide “practical tools for companies and organizations of all kinds looking to manage their environmental responsibilities” while incorporating tools and strategies from over.

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The Chemical Compound—March 2022

Arnold Porter

FDA Pledged Response to 2016 Ortho-phthalates Petition After Organizations Filed Lawsuit. ” EPA’s response also described EPA’s plans with respect to mixtures studies and human studies.

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Special Policy News #7: The Transition

ESA

Senate confirms Brenda Mallory as Chair of the White House Council on Environmental Quality. The task force will also work to improve and increase adaptation and resilience to the impacts of climate change, address current and historic environmental injustice, protect public health and conserve Department-managed lands, according to the order. Mallory has vowed to address environmental justice and climate change in this role. In this issue: .

Eight Important Updates About Recent PFAS Regulatory Developments

Arnold Porter

In the months since our 2020 update on federal actions affecting per- and polyfluoroalkyl substances (PFAS), the Environmental Protection Agency (EPA) has continued to take action on its PFAS Action Plan.

Policy News: May 17, 2021

ESA

Her extensive experience shows she is more than capable of handling the significant responsibilities that come with the role,” ranking member John Boozman (R-AR) said in a statement. However, Biden has set about reversing many of his predecessor’s environmental actions, including Trump’s decision to withdraw from the Paris Accord. Climate: The Environmental Protection Agency released its Climate Change Indicators report for the first time since 2016.

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The Chemical Compound—August 2021

Arnold Porter

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation.

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The Chemical Compound—February 2021

Arnold Porter

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation.

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The Chemical Compound—December 2021

Arnold Porter

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation.

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March 2018 Updates to the Climate Case Charts

Law Columbia

It demands to be governed by as universal a rule of apportioning responsibility as is available.” The plaintiffs’ complaint asserting National Environmental Policy Act (NEPA), Clean Water Act, and Rivers and Harbors Act violations included allegations that the U.S. California Federal Court Upheld Environmental Law Waivers for Border Wall. In re: Border Infrastructure Environmental Litigation , No. 6, 2018; petitioners’ response Feb.

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The Chemical Compound—May 2021

Arnold Porter

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation.

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Policy News: May 6, 2021

ESA

Nature in America is in trouble,” Council on Environmental Quality Chair Brenda Mallory said during a call with reporters Thursday. Details: The report offers some details on how Biden could move on the so-called 30×30 initiative, an idea that progressives have gotten behind as a way to protect the country from the worst effects of climate change and bolster local economies but Republicans have criticized as vague at best and a federal land grab at worst.

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The Trump Watch: What Does the New Administration Portend for the Environment?

Vermont Law

We’ve peered into our crystal ball, admittedly the same crystal ball used by those at The New York Times for its prediction that Clinton had an almost 90 percent chance of winning the presidency, but nonetheless, here are our predictions regarding several of the policy decisions the Trump Administration will make on the most significant environmental issues we face. Global warming is happening, and humans are responsible for at least some of it. Environmental Justice. “It

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