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Publications
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04.15.2024EPA’s Landmark PFAS Drinking Water StandardsUpdatesThe final rule on the National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances was announced by the U.S. Environmental Protection Agency on April 10, 2024. This update summarizes the rule and analyzes its implications for regulated entities.
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03.18.2024 (UPDATED 04.05.2024)The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?UpdatesAfter nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission adopted a Final Rule on Mandatory Climate Disclosures. Most notably, the Final Rule requires companies to report certain greenhouse gas emissions and material climate impact information in their registration statements and annual reports.
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02.15.2024EPA’s Latest PFAS Push Targets Nine Substances Under RCRAUpdatesU.S. Environmental Protection Agency Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances and the agency’s corrective action authority under the Resource Conservation and Recovery Act on January 31, 2024. These proposed rulemakings align with EPA’s Strategic Roadmap, announced in 2021 as a “whole-of-agency” approach to addressing PFAS.
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03.22.2023The High Seas Treaty: A Historic Agreement To Protect International WatersUpdatesAll Member States of the United Nations Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction reached an agreement on March 4, 2023, regarding an international treaty governing the sustainable use and conservation of the “high seas”—areas of the ocean that lie beyond any single nation’s jurisdiction. The treaty represents a culmination of nearly two decades of negotiations and meetings. It is a crucial step toward achieving the recent UN 30x30 Agreement to protect 30% of the planet’s lands and oceans by 2030.
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02.02.2023Washington State Implements Major Programs To Reach Climate GoalsUpdatesTwo climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.
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07.20.2022Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup LevelsUpdatesThe Washington State Department of Ecology recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl substances.
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03.15.2022EPA Adopts New ASTM Standard for Phase I Environmental Site AssessmentsUpdatesThe U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.
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12.2021Diving into Deep Sea Mining: Balancing the Need for Metals with Environmental ProtectionLawyer PublicationsRenewable power requires precious metals. Electric car batteries, wind turbines, solar installations, and cell phone batteries are just a few of the modern technologies that use metals such as cobalt, copper, and nickel.
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11.12.2021A Change Is on the Horizon: A Revised ASTM Standard for Phase I Environmental Site AssessmentsUpdatesAfter a lengthy committee process, ASTM International revised its standard practice for Phase I environmental site assessments (ASTM E1527) for the first time since 2013.
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11.10.2021Washington’s PFAS Chemical Action Plan: Another Piece in the Regulatory PatchworkUpdatesOn November 3, 2021, the Washington Department of Ecology published its final PFAS Chemical Action Plan, which provides a roadmap for addressing uses and releases of those chemicals in Washington State to protect human health and the environment.
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11.02.2021Beyond Cradle to Grave: EPA Proposes to Regulate PFAS “Forever Chemicals” Under RCRAUpdatesIn response to a petition from New Mexico Governor Michelle Lujan Grisham, the U.S. Environmental Protection Agency announced on October 26, 2021, that it will take steps toward regulating per- and polyfluoroalkyl substances commonly referred to as “PFAS,” under the Resource Conservation and Recovery Act (RCRA).
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2021Endangered Species
ABA Section of Environment, Energy, and Resources
American Bar Association -
05.17.2021Ransomware, Cyberattacks, and Cybersecurity for Pipelines and LNG FacilitiesUpdatesThe recent ransomware attack on Colonial Pipeline—one of the largest oil pipelines in the United States that delivers nearly 45% of the fuel consumed on the East Coast—has put a spotlight on a regulatory gap in reliability standards for pipeline infrastructure. This update reviews the current status of federal regulation of pipeline reliability as well as several legislative fixes under consideration.
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07.13.2020Washington State Department of Ecology Unveils Expedited Voluntary Cleanup ProgramUpdatesIn April 2019, the Washington legislature amended the Model Toxics Control Act (MTCA) to allow the Washington State Department of Ecology to create an expedited version of the existing Voluntary Cleanup Program (VCP).
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04.06.2020Washington Pollution Control Hearings Board Rules Ecology Exceeded Its Authority Under CWA, Invalidates NPDES Permit ConditionUpdatesWashington state’s Pollution Control Hearings Board ruled on February 26 that the Washington Department of Ecology exceeded its Clean Water Act authority by inserting a permit condition in the Aquatic Mosquito Control General Permit, which required compliance with the Endangered Species Act.
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02.05.2020Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty ActUpdatesThe U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act.
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01.23.2020Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air RuleUpdatesIn a split decision issued on January 16, 2020 the Washington State Supreme Court ruled that the Department of Ecology lacks authority under the state’s Clean Air Act (CCA) to cap greenhouse gas emissions from indirect emitters like natural gas and petroleum product distributors.
Presentations
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05.10.2022Deep Sea Mining 101Speaking EngagementsJane Carmody presented “Deep Sea Mining 101” to the ABA’s Section of Environment, Energy, and Resources Mining Committee.
