Winston’s Environmental Law Update
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February 25, 2025
|3 min read
EPA Administrator, Lee Zeldin, Announces Five Pillars to Guide the EPA’s Work
was confirmed. Administrator Zeldin announced the EPA’s Powering the Great American Comeback Initiative, which is aiming to “achieve the agency’s
mission while energizing the greatness of the American economy.”
February 13, 2025
|2 min read
President Trump Signs Executive Order Withdrawing the United States From Paris Agreement
October 17, 2024
|4 min read
disclosure and climate-related financial risk reporting bills. The amendments did not delay the reporting deadlines applicable to reporting entities, and
companies should take action now to ensure they will be ready to report on 2025 emissions and risks starting in 2026.
September 18, 2024
|3 min read
Microplastics Policy: Is Federal Preemption a Viable Defense?
currently stand, however, statements by the U.S. Food and Drug Administration (FDA) may offer a defense to claims involving microplastics.
April 20, 2023
|9 min read
EPA Announces Series of New Actions to Address Ethylene Oxide Emissions
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...Read more
January 26, 2023
|3 min read
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 20...Read more
January 24, 2023
|3 min read
Environmental Enforcement To Focus On Climate Change and PFAS
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 M...Read more
January 19, 2023
|6 min read
Comment Deadlines Loom on High-Profile Climate and Environmental Actions
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
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 def...Read more
December 6, 2022
|4 min read
Prioritizing PFAS: The Latest EPA, State, and Global Efforts To Regulate PFAS in Drinking Water
polyfluoroalkyl substances (PFAS) as part of its PFAS Strategic Roadmap.
August 31, 2022
|6 min read
What Does EPA Designating PFOA and PFOS as “Hazardous Substances” Mean for Your Business?
substances (PFAS)—PFOA and PFOS[i]—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, also known as the Superfund law). Listing PFOA and PFOS (along with their salts and structural isomers) as hazardous substances unde...Read more
August 17, 2022
|3 min read
The Inflation Reduction Act Boosts EPA Funding to Enforce Climate-Related ESG Disclosure
subsidies to support the transition to renewable energy and reduce greenhouse gas emissions from the energy sector.
July 5, 2022
|6 min read
West Virginia v. EPA: What Comes Next?
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.
June 9, 2022
|3 min read
The Phase I Standard Used for CERCLA Defenses Will Stay the Same – For Now
updated E1527-21 standard as satisfactory to fulfill the “all appropriate inquiries” requirement of certain defenses to liability under the Comprehensive
Environmental Response, Compensation, and Liability Act.
March 22, 2022
|5 min read
EPA Proposes Expansive New Clean Air Act Regulation of Wide Array of Industrial Facilities
the 2015 Ozone National Ambient Air Quality Standards (“NAAQS”). These strengthened controls on nitrogen oxide (“NOx”) emissions will apply to power
plants as well as other large industrial facilities located in 26 states. Beyond fossil fuel-fired power plants, EPA is proposing NOx emissions limitati...Read more
November 18, 2021
|4 min read
EPA to Affirmatively Enforce Title VI
authority” to use Title VI of the Civil Rights Act to address disparate impacts. This has significant implications for entities seeking federal environmental
permits or funding. Questions exist, however, regarding whether the EPA’s—or any federal agency’s—statutory authority under Title VI is so broad.
October 13, 2021
|8 min read
An EJ Roundup: EPA Implementation of Environmental Justice Is Taking Shape
In its early days, the Biden administration issued the (Executive Order 14008).
October 5, 2021
|4 min read
EPA Approval of Pesticide Paraquat Now Under Attack
dichloride, known simply as paraquat, is a weed killer. It has been widely used in the United States since the 1960s. Petitioners seek to set aside EPA’s interim
registration review decision. They allege links to Parkinson’s disease and other adverse health effects. Numerous lawsuits are already pending ag...Read more
August 11, 2021
|8 min read
Will “Significant Nexus” Again Define Waters of the United States?
run at defining “waters of the United States” (WOTUS).
July 26, 2021
|13 min read
Are the Chemicals Your Business Needs in EPA’s Regulatory Sights?
manufacturers across a range of industries. EPA will then enact new regulations to manage risks to public health and the environment.
About This Blog
Winston’s Environmental Law Update focuses on environmental legal, regulatory, and policy issues facing manufacturers, energy, retailers, real estate, and financial institutions. As the political, corporate, and regulatory responses to recent environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy, compliance, and execution.
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