On January 29, 2025, Lee Zeldin was confirmed as the 17th Environmental Protection Agency (EPA) Administrator. After a week on the job, Zeldin continued to maintain several policies that had been put in place immediately after the Trump administration took office. Some of these policies are summarized below. While these actions are generally expected when
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New Wave of Executive Orders Seek to Redirect EPA’s Focus
By Jon Schaefer
Within hours of taking office, President Trump issued a flurry of Executive Orders (EO), including several that will undoubtedly affect a wide range of environmental policies nationwide. While the full implications of these EOs, as well as potential additional actions, are far from clear at this early stage, there are several takeaways for those who…
Court Approves EPA Settlement with 82 Passaic River Potentially Responsible Parties
By Jim Ray
The Diamond Alkali Superfund site in Newark, New Jersey, which includes the 17-mile Lower Passaic River Study Area, may be one of the country’s most expensive and hotly contested Superfund Sites. The remedy for the dioxin-contaminated river may cost as much as $2 billion when it is completed. The Newark site has been the subject…
OSHA Finalizes PPE Fitting Requirement for Construction Workers
By Jon Schaefer
On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced it finalized a revision to the personal protective equipment (PPE) standard for the construction industry. The final rule adds specific language to the existing standard requiring employers to provide properly fitting PPE for construction industry workers. This change aligns the construction industry with…
EPA Notice of Violation Letters Phishing Scam
By Jon Schaefer
On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding payment. Businesses have received these fraudulent letters through email and U.S. Postal Service mail. The letters allege that the…
First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1
Below is an excerpt of a legal update co-authored with Real Estate + Development Group lawyer Eden Yerby.
In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two Vineyard Wind opponents concerning…
EPA Turns Up the Pressure on Chemical Release Prevention and Preparation
By Brian Freeman & Emily Deans
On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer Communities by Chemical Accident Prevention Rule,” reinstate certain Obama-era provisions previously rolled back under the Trump administration. However, the…
Connecticut’s Amended Environmental Justice Statute: Where Does It Stand?
By Brian Freeman & Chris Eddy
Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) released a “Connecticut Environmental Justice Public Participation Guidance Document” (‘the Guidance”) concerning the 2023 amendments to Connecticut’s environmental justice (EJ) statute regarding permitting or other approvals for certain facilities. Although helpful in indicating DEEP’s interpretation of the amended statute (which is not a…
EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement
By Peter Knight
The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely adhered to requirements embedded in the due process clauses of the U.S. Constitution, the Brady doctrine, the Jencks Act, and the Federal Rules of…
EPA Lowers the Fine Particulate NAAQS: A Closer Look at Implementation and Potential Impacts
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level of 12 micrograms per cubic meter (μg/m3) to 9 μg/m3. Once published, the Final Rule is certain to be challenged in…