Winston’s Environmental Law Update
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June 27, 2024
|3 min read
April 23, 2024
|5 min read
EPA Issues New Civil and Criminal Environmental Enforcement Policy
On April 17, 2024, the Assistant Administrator for U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) issued a new Strategic Civil-Criminal Enforcement Policy (the Policy). The Policy requires enhanced civil and criminal enforcement coordination, both on a case-by-case basis and through regular institutional measures. EPA is now requiring civil and criminal coordination during the entire lifespan of a case. The Policy became effective immediately.
October 17, 2023
|4 min read
On October 7, 2023, California Governor Gavin Newsom signed SB 261, the Climate-Related Financial Risk Act, and SB 253, the Climate Corporate Data Accountability Act, into law. These first-in-the-nation greenhouse gas (GHG) emissions disclosure and climate-related financial risk reporting laws apply to large companies “doing business” in California.
August 28, 2023
|5 min read
EPA Enforcement Will Focus On Climate Change and PFAS
The Environmental Protection Agency (EPA) announced that climate change and PFAS will be a focus of investigation and enforcement in coming years. The oil and gas, chemical, and waste-related industries should take note. EPA’s national enforcement and compliance initiatives (NECIs) for fiscal years 2024-2027,[1]announced on August 17, 2023, include climate change, PFAS, and coal ash contamination among six priority areas for enforcement. EPA will also continue to prioritize reducing air toxics in overburdened communities, increasing compliance with drinking water standards, and chemical accident risk reduction.
April 20, 2023
|9 min read
EPA Announces Series of New Actions to Address Ethylene Oxide Emissions
The U.S. Environmental Protection Agency (EPA) recently proposed three key actions to further regulate ethylene oxide (EtO) under the Clean Air Act and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA’s latest proposals include (1) stricter national emission standards for hazardous air pollutants (NESHAP) for commercial sterilization facilities, (2) new Clean Air Act rules for plants that make synthetic organic chemicals and plants that make a variety of polymers and resins, and (3) more stringent standards for workplaces handling EtO. We provide an overview of these proposed actions and what they may mean for your business.
January 26, 2023
|3 min read
As of February 13, 2023, ASTM 1527-21 will meet the AAI requirement, and thus will become the relevant standard for conducting Phase Is. Phase Is conducted using the 2013 Standard will no longer be compliant with the AAI requirement after December 15, 2023. Users of Phase Is should update internal guidance or scopes of work with environmental professionals to confirm (1) reports are completed to the new standard beginning in February 2023 and (2) whether emerging contaminations, including PFAS, should be included in the property evaluation as a “non-scope consideration.”
January 24, 2023
|3 min read
Environmental Enforcement To Focus On Climate Change and PFAS
The Environmental Protection Agency (EPA) has announced its proposed National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024–2027. EPA is proposing to add two new areas of enforcement focus: mitigating climate change and addressing per- and polyfluoroalkyl substances (PFAS) contamination. Those operating in the oil and gas industry, and those involved with refrigerants, should take note. Interested parties have until March 13, 2023 to submit comments to EPA on the proposed changes.
January 19, 2023
|6 min read
Comment Deadlines Loom on High-Profile Climate and Environmental Actions
The Biden Administration has started 2023 with a jammed pipeline of major regulatory actions relating to climate and other major environmental matters. For those interested in participating in the public comment processes, the clock is ticking. Here is a rundown of impending deadlines for public comment for some of the most significant rulemakings from the EPA and other federal agencies.
January 9, 2023
|7 min read
A “Durable” Definition? EPA Issues Final Rule Revising Definition of WOTUS
The United States Environmental Protection Agency and Army Corps of Engineers (the Agencies) closed out 2022 by announcing a final rule that establishes a new definition of “waters of the United States” (WOTUS) for implementation of the Clean Water Act.[1] The Agencies, which previously indicated there would be a two-step regulatory process to defining WOTUS, appear to be proclaiming this to be its “durable” revision for the long term. But will this definition of WOTUS get washed away like its predecessors?
December 6, 2022
|4 min read
Prioritizing PFAS: The Latest EPA, State, and Global Efforts To Regulate PFAS in Drinking Water
On June 15, 2022, the U.S. Environmental Protection Agency (EPA) announced new drinking water Health Advisories Levels (HALs) for certain per- and polyfluoroalkyl substances (PFAS) as part of its PFAS Strategic Roadmap.
July 5, 2022
|6 min read
West Virginia v. EPA: What Comes Next?
The Supreme Court held the Environmental Protection Agency cannot establish a standard of performance for existing electric generating sources under Section 111(d) of the Clean Air Act based on a system of generation shifting like that developed for the Clean Power Plan. As a result, EPA’s Affordable Clean Energy Rule of 2019 could come back in effect…for now.
May 24, 2022
|3 min read
The United States Department of Justice, Environment & Natural Resources Division (ENRD), recently released its Accomplishment Report for FY 2021. This report “highlights ENRD’s strong enforcement of our nation’s environmental and natural resources laws, efforts to advance environmental justice and role in our nation’s response to the climate crisis.”[1]
March 2, 2022
|3 min read
SEC Chairman Tweets About Coming Climate Risk Disclosures
The Securities and Exchange Commission is working on new regulations. These would mandate climate-related and other Environmental, Social, and Governance disclosures. Onlookers still don’t know when they’ll see a proposed rule from the SEC. However, Chairman Gensler recently tweeted clues on what regulated entities should expect.
November 9, 2021
|6 min read
New DOJ Policies Impact Environmental and ESG Enforcement
Deputy Attorney General Lisa Monaco recently said that the Department of Justice intends to “strengthen the way” that DOJ “respond[s] to corporate crime.” DAG Monaco’s speech and memorandum has important implications for environmental enforcement, including for companies making Environmental, Social and Governance (“ESG”) claims and disclosures. Monaco specified “three actions” changing prior DOJ policies.
November 5, 2021
|10 min read
EPA’s Authority to Regulate Chemicals in Finished Products: PFAS, PIP (3:1), and Beyond
EPA is claiming expansive authority to use the Toxic Substances Control Act (TSCA) to regulate more than just chemical substances and mixtures. EPA’s Assistant Administrator recently said, “Generally speaking, articles are manufactured goods or finished products – and the chemicals in them ARE subject to TSCA.” Taken literally, this represents a significant expansion of EPA’s regulatory authority under TSCA.
July 1, 2021
|13 min read
Litigation Watch: Ethylene Oxide, Formaldehyde, and the Risk of Risk Assessments
The chemical and health care industries know that more stringent EPA regulation of the manufacture and use of ethylene oxide (EtO) is coming.
June 21, 2021
|7 min read
State Regulators Press for Broad ESG Disclosures on Climate-Related Financial Risk
A dozen state attorneys general — led by California and New York — are calling on the SEC to mandate broad ESG disclosures for climate-related financial risks.