Winston’s Environmental Law Update

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June 13, 2023

10 min read

Top 10 Changes in the Debt Ceiling Deal’s NEPA Reforms

The first amendments to the National Environmental Policy Act (NEPA) in decades might materially narrow NEPA reviews and streamline federal permitting of
oil, gas, and renewable energy projects, leasing on federal lands, and reviews for roads, bridges, and other infrastructure projects, including the extent to
which federal agencies must consider greenhouse gas emissions said to impact climate change....Read more

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...Read more...Read more

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....Read more

March 22, 2022

5 min read

EPA Proposes Expansive New Clean Air Act Regulation of Wide Array of Industrial Facilities

EPA is proposing to impose stringent new “Good Neighbor” regulations under the Clean Air Act. These changes are proposed to help downwind states meet
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...Read more

September 9, 2021

8 min read

Is Another “Patchwork” Definition of Waters of the United States Coming?

Since 2015, the Clean Water Act’s definition of “waters of the United States” has often depended on what state you live in. After a district court decision in
Arizona on September 3, 2021, the EPA and U.S. Army Corps of Engineers announced they are halting implementation of their 2020 Navigable Waters
Protection Rule nationwide....Read more

July 1, 2021

1 min read

EPA Proposes New Reporting and Recordkeeping Rule for PFAS

On June 28, 2021, EPA proposed a new reporting and recordkeeping rule for per- and polyfluoroalkyl substances (PFAS) pursuant to Section 8(a)(7) of the
Toxic Substances Control Act (TSCA), as amended by the National Defense Authorization Act....Read more

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....Read more

May 17, 2021

1 min read

Biden Administration to Revoke the Trump Administration’s Migratory Bird Rule

The Biden Administration plans to revoke the Trump-era Migratory Bird Treaty Act (MBTA) Rule and return to interpreting the MBTA as prohibiting incidental
take, not just purposeful take, of migratory birds....Read more

February 12, 2021

1 min read

Migratory Bird Rule Update – the Biden Administration Delays Effective Date and Requests Public Comment

January 27, 2021

1 min read

New Migratory Bird Treaty Act Rule – Unlikely to Take Flight?

On January 7, 2021, the U.S. Fish and Wildlife Service published a final rule in the Federal Register codifying the Trump Administration’s interpretation that the
Migratory Bird Treaty Act’s (MBTA) prohibition on taking protected species only applies to purposeful take....Read more

January 12, 2021

1 min read

Long-Awaited Update to EPA’s Lead & Copper Rule

On December 22, 2020, the U.S. Environmental Protection Agency (EPA) announced the first update since 1991 to the Lead and Copper Rule. This update
aims to further protect children and communities from exposure to lead in drinking water....Read more

January 7, 2021

2 min read

EPA Issues First-Ever Airplane Greenhouse Gas Emission Standards

Key takeaway: On December 28, 2020, EPA finalized its first greenhouse gas (“GHG”) emission standards that apply to certain new commercial airplanes,
including all large passenger jets. The standards are effective on or after January 1, 2028....Read more

September 25, 2020

1 min read

California Governor Signs Executive Order on Climate Change

On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-19-19, outlining a number of actions the state will take to combat
climate change....Read more

September 24, 2020

1 min read

D.C. Circuit Temporarily Freezes EPA’s Rollback of Methane Emissions Regulations

The D.C. Circuit has stayed the EPA’s rollback of methane emissions standards for the oil and gas industry....Read more

August 20, 2020

2 min read

EPA Finalizes Rollback of Obama-era Methane Emissions Regulations

On August 13, 2020 the U.S. Environmental Protection Agency (EPA) issued two final rules, completing the rollback of Obama-era methane emissions
regulations in the New Source Performance Standards (NSPS) for the Oil and Gas Industry. Issued in response to the March 2017 Executive Order on
Promoting Energy Independence and Economic Growth, the EPA’s new rules relax methane gas emissions requirements applicable to various se...Read more...Read more

July 24, 2020

2 min read

CEQ Announces New Limits on the Scope of the National Environmental Policy Act

On July 15, 2020, the Council on Environmental Quality (CEQ) issued a Final Rule amending its regulations under the National Environmental Policy Act (NEPA).
The update is a response to Executive Order 13807, in which President Trump directed the CEQ to investigate possible changes to NEPA that would modernize
the regulations. Executive Order 13807 also established a goal of two years to prepare environmental impact statements for federal projects....Read more

July 23, 2020

1 min read

EPA Announces Proposal to Retain 2015 Ozone NAAQS

Under Section 109(d) of the Clean Air Act, the EPA is required to conduct a comprehensive review of the National Ambient Air Quality Standards (NAAQS)
every five years and revise or retain these standards as appropriate. On July 13, 2020, the EPA released a pre-publication draft of its proposal to retain the
2015 ozone NAAQS without revision. These standards are set at 70 parts per billion (ppb) for both the primary (health-based) and secondary (wel...Read more...Read more

July 21, 2020

2 min read

EPA Releases Draft Amendments to Boiler MACT Following D.C. Circuit Remand

In response to three separate decisions to remand by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), the EPA has issued
a pre-publication draft of its amendments to the National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers
and Process Heaters (Boiler MACT). The proposed amendments revise 34 different emission limits for various subcategories of boilers and pollut...Read more...Read more

April 28, 2020

3 min read

EPA Relaxes Part 75 Continuous Emission Monitoring Rules During the COVID-19 Pandemic

On April 22, 2020, EPA published an interim rule granting temporary reprieve to regulated sources from the quality-assurance monitoring and reporting
requirements under 40 CFR Part 75 due to COVID-19-related interruptions....Read more

July 11, 2019

3 min read

EPA Finalizes ACE Rule

On July 8, 2019, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register finalizing three discrete rulemaking actions. First,
EPA repealed the Clean Power Plan (CPP) promulgated by the Obama Administration on the grounds that the CPP exceeded EPA’s rulemaking authority....Read more

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.