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Articles by Cynthia Faur
The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post | JD Supra
Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al.,1 which put an end to the 40 years of Chevron deference to administrative agency interpretations of federal laws, and Corner Post, Inc. v.
EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts | JD Supra
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).[1] In the rule, EPA designated PFOA, PFOS, and their salts and isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
SEC Issues an Administrative Stay of its Climate Disclosure Rules | JD Supra
On March 6, 2024, the Securities and Exchange Commission (SEC or the Commission) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. We previously provided a summary of the content of that final rule. As noted in that summary, the SEC rules were promptly challenged, and those judicial actions have been consolidated into a multi-district litigation in the Eighth Circuit Court of Appeals.
The SEC Issues Final Climate Disclosure Rules for Public Companies, but Legal Challenges are Pending | JD Supra
On March 6, 2024, the Securities and Exchange Commission (SEC) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. The new rules have been significantly watered down from the SEC’s March 21, 2022 proposal,1 but when implemented would still impose significant disclosure requirements on publicly traded companies.
California’s New Climate Disclosure and GHG-Related Claims Laws | JD Supra
On October 7, 2023, Governor Gavin Newsom signed into law a trio of climate-related bills that will impact what companies doing business in California must (or can) say about their greenhouse gas (GHG) emissions and the climate-related financial risks to their businesses. Two of the laws, SB 253 and SB 261, which require annual GHG emission reporting and biannual climate-related risk disclosures respectively, received the most press, but these laws only apply to very large businesses.
Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter | JD Supra
On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In this rulemaking, EPA left untouched most of the PM NAAQS standards, but the Agency reduced the primary annual NAAQS standard for PM2.5 by 25% from 12 µg/m3 to 9 µg/m3.
U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling | JD Supra
In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as “waters of the United States” (aka WOTUS) for purposes of Clean Water Act (CWA) Section 404 permitting.
New Phase I Standard ASTM E1527-21 Authorized for All Appropriate Inquiries Starting February 13, 2023 | JD Supra
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) issued a final rule authorizing ASTM E1527-21 as compliant with the all appropriate inquiries (“AAI”) provisions of the Comprehensive Environmental Response, Compensation and Liability Act. Effective February 13, 2023, ASTM E1527-21 may be used as the standard to meet AAI requirements. As you may recall, EPA previously issued a direct final rule authorizing use of ASTM E1527-21 for AAI purposes on March 14, 2022.
EPA Seeking Public Comment on Significant Revisions to the RMP Program | JD Supra
September 7, 2022 Cynthia Faur, Lauren Harpke, Jacqueline Vidmar Quarles & Brady LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On August 31, 2022, the United States Environmental Protection Agency’s (EPA) proposed revisions to the Risk Management Program (RMP) regulations were published in the Federal Register, kicking off a 60-day public comment period which ends on October 31, 2022.
EPA Issues its Long-Awaited Proposal to Designate Certain PFAS as CERCLA Hazardous Substances | JD Supra
September 2, 2022 Cynthia Faur, Lauren Harpke, George Marek, Michael Mostow Quarles & Brady LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On August 26, the United States Environmental Protection Agency (EPA) proposed to designate two of the most commonly used per- and polyfluoroalkyl substances (PFAS) - perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) - as hazardous substances under Section 102 of the...
Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants | JD Supra
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate greenhouse gas (“GHG”) emissions from existing fossil fuel-fired power plants.
SEC Proposes Extensive Climate Change Reporting Obligations for Public Companies | JD Supra
On March 21, 2022, the Securities and Exchange Commission (SEC) proposed its long-awaited rules requiring more robust climate change disclosures for publicly traded companies. The reach of these proposed rules is extremely broad - addressing not only a company’s carbon footprint, but also its short-, medium-, and long-term plans related to climate change and its assessment of how the world’s changing climate will affect its operations and value.
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