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Articles by Pierce Werner
Deregulation: Only Partial for PFAS?
L-R: Mary Katherine H. Stukes, Gianna M. Callisto and Pierce M. Werner of Moore & Van Allen.
'The court giveth, and the court taketh away': the epitaph of the Chevron doctrine
(August 09, 2024) - Pierce Werner, Mary Katherine H. Stukes and Chassity Bobbitt of Moore & Van Allen analyze the decision overturning the Chevron case, the principles raised and the consequences.
Implications of PFAS CERCLA liability for the commercial real estate industry | JD Supra
What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances, 89 Fed. Reg. 39,124 (May 8, 2024) (https://bit.ly/3XcY6jV) (the Final Rule). Originally published on Reuters Legal News and Westlaw Today - June 17, 2024. Please see full publication below for more information.
In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine | JD Supra
This article was first published on Reuters Legal News and Westlaw Today on November 7, 2023. (November 7, 2023) - James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023, the Supreme Court grantedcertiorariinLoper Bright Enterprises v. Raimondo,Case No. 21-5166.
In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine Original
FILE PHOTO: The Chevron logo is pictured after the U.S. government granted a six-month license allowing Chevron to boost oil output in U.S.-sanctioned Venezuela, in Caracas, Venezuela, December 2, 2022. REUTERS/Gaby Oraa/File Photo - RC2QXX9PKC1L Acquire Licensing Rights Companies Chevron USA Inc. November 7, 2023 - On May 1, 2023, the Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, Case No. 21-5166.
MVA team files amicus brief in the Supreme Court on the future of the Chevron Doctrine | JD Supra
In its 2023 term the U.S. Supreme Court will consider the case of Loper Bright Enterprises v. Raimondo, No. 22-451, in which the appellants have asked the Supreme Court to reverse decision in Chevron U.S.A., Inc. v.
Moving goalposts: U.S. Supreme Court narrows scope of federal protection for wetlands
(August 10, 2023) - Pierce Werner, Mary K. Stukes and Peter McGrath of Moore & Van Allen's environmental practice break down the significance of the high court's May 25 Sackett opinion limiting the Clean Water Act's regulatory reach. For years federal environmental regulation of waterways and wetlands has been in a state of flux, changing with political tides via agency rulemakings, but the Supreme Court of the United States may have just ended the cycle.
4th Circuit Narrows Protections from CWA Citizen Suits | JD Supra
By majority decision in Naturaland Trust v. Dakota Finance, LLC, the United States Court of Appeals for the Fourth Circuit struck a blow against one of the affirmative defenses a company may use to defend against citizen suits brought under the Clean Water Act (“CWA”).
EPA has again taken action to ban certain asbestos-containing products in the United States under the Toxic Substances Control Act (TSCA) section 6(a) by a proposed rule published in the Federal Register April 12, 2022.
EPA Proposes Rule to Ban Chrysotile Asbestos Using TSCA Risk Management Rule
EPA has again taken action to ban certain asbestos-containing products in the United States under the Toxic Substances Control Act (TSCA) section 6(a) by a proposed rule published in the Federal Register April 12, 2022.
EPA Continues PFAS Regulatory Efforts with RCRA Rulemaking Announcement | JD Supra
Fall 2021 was a busy time for the EPA and its regulatory agenda for per- and polyfluoroalkyl substances (PFAS). PFAS has been a focus of the Biden EPA, with around seven actions or news releases as of September 2021, and October saw another three significant announcements from EPA.
Environmental Notes - January 2022 | JD Supra
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be notable for what they do not do. In particular, the proposal does not recognize certain traditional exemptions to TSCA reporting. Please see full Newsletter below for more information.
Environmental Notes - January 2022
Click on the image below for a full PDF of the Environmental Newsletter.
EPA Continues PFAS Regulatory Efforts with RCRA Rulemaking Announcement
01.20.2022 EPA Continues PFAS Regulatory Efforts with RCRA Rulemaking Announcement By: Pierce Werner Fall 2021 was a busy time for the EPA and its regulatory agenda for per- and polyfluoroalkyl substances (PFAS). PFAS has been a focus of the Biden EPA, with around seven actions or news releases as of September 2021, and October saw another three significant announcements from EPA.
Biden Boosts EPA’s Budget by Billions | JD Supra
In a move fitting for a catchy article title, in late May President Biden’s administration released its proposed budget for EPA for fiscal year 2022 (“FY2022”) (EPA’s fiscal year runs from October 1 to September 30). Alliteration aside, the proposed budget could have major implications for the way EPA operates over the coming year, providing $11.233 billion to fund the agency’s various missions and duties.
Biden Boosts EPA’s Budget by Billions
07.22.2021 Biden Boosts EPA’s Budget by Billions By: Pierce Werner In a move fitting for a catchy article title, in late May President Biden’s administration released its proposed budget for EPA for fiscal year 2022 (“FY2022”) (EPA’s fiscal year runs from October 1 to September 30). Alliteration aside, the proposed budget could have major implications for the way EPA operates over the coming year, providing $11.233 billion to fund the agency’s various missions and duties.
Environmental Notes - July 2021 | JD Supra
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners and operators can protect their shorelines were recently adopted as part of a revised version of Virginia’s Tidal Wetlands Guidelines (“Guidelines”) issued by the Virginia Marine Resources Commission (“VMRC”).
Environmental Notes - July 2021
Click on the image below for a full PDF of the Environmental Newsletter.
EPA’s FY 2020 Environmental Enforcement Report Tells Another Story | JD Supra
In a year marked by financial and economic hardship for many businesses and individuals, the United States Environmental Protection Agency is reporting a successful year overall in its enforcement results for fiscal year 2020. On January 13, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) published the Annual Enforcement results for FY2020 (the Report). The Report emphasizes multiple areas in which the Agency claims landmark improvements over previous years.
EPA’s FY 2020 Environmental Enforcement Report Tells Another Story
03.03.2021 EPA’s FY 2020 Environmental Enforcement Report Tells Another Story By: Pierce Werner In a year marked by financial and economic hardship for many businesses and individuals, the United States Environmental Protection Agency is reporting a successful year overall in its enforcement results for fiscal year 2020. On January 13, 2020, EPA’s Office of Enforcement and Compliance Assurance (OECA) published the Annual Enforcement results for FY2020 (the Report).
NEPA Challenges to Permits Lead to Project Delays | JD Supra
The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA). The Order serves as an important reminder to permittees and industry that NEPA cannot be ignored, and, despite the vast deference afforded to them by courts, agency permitting decisions are not incontrovertible.
NEPA Challenges to Permits Lead to Project Delays
01.05.2021 NEPA Challenges to Permits Lead to Project Delays By: Pierce Werner The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA).
EPA Takes Broad Action on Pesticide Devices | JD Supra
The United States Environmental Protection Agency (EPA) is in the process of a regulatory crackdown, spurred by the current pandemic, which may have broader effects than meet the eye and which raises questions that do not have clear answers.
Regulatory Prescriptions for COVID-19: Trump Continues Efforts for Regulatory Reform and Expedited Infrastructure Review | JD Supra
Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special exception authorities within federal statutes and regulations. One EO, issued May 19 and entitled, “Executive Order on Regulatory Relief to Support Economic Recovery,” focuses on general regulatory relief in the face of the COVID-19 pandemic (“Regulatory Relief EO”).
EPA Takes Hit in Proposed Budget for FY2021 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Trump Issues Executive Orders Limiting Regulation by Agency Guidance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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