EPA

In April 2026, EPA released a proposal that, if finalized, would begin the process to potentially regulate the presence of pharmaceuticals in drinking water, by designating them as “Candidate Contaminants.”  This proposal is likely to be of significant interest to pharmaceutical manufacturers, given that it entails EPA evaluating, in detail…

Continue Reading EPA Begins Process to Regulate Pharmaceuticals in Drinking Water

On November 10, 2025, EPA released a proposed rule under the Toxic Substances Control Act (“TSCA”), proposing to amend its reporting requirements relating to per- and polyfluoroalkyl substances (“PFAS”).  The original rule, promulgated in 2023, led to concerns by some regulated entities that it would be difficult to collect the…

Continue Reading EPA Proposes Changes to TSCA PFAS Reporting Rule

With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th.  If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration.  When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration.   

Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

On October 20, 2023, EPA released a final rule under the Emergency Planning and Community Right to Know Act (“EPCRA”) relating to per- and polyfluoroalkyl substances (“PFAS”).  The Rule makes important revisions to EPA’s Toxic Release Inventory (“TRI”) program relating to 189 specified PFAS. 

Continue Reading Key Takeaways from EPA’s EPCRA PFAS Rule

            On September 28, 2023, EPA released a final rule under the Toxic Substances Control Act (“TCSA”) mandating reporting relating to past manufacturing of per- and polyfluoroalkyl substances (“PFAS”).  Below are key takeaways companies that may be subject to these reporting requirements should keep in mind.

Continue Reading Key Takeaways from EPA’s PFAS Reporting Rule

On September 6, 2023, EPA held a webinar relating to pesticidal devices, focused on air cleaning devices.  The webinar highlighted EPA’s expectations for data that manufacturers must have on file to substantiate efficacy claims for these devices.  This provides important additional guidance to manufacturers regarding the types of testing EPA expects to be conducted.

Continue Reading EPA Webinar Addresses Pesticidal Device Efficacy Data

On August 16, 2022—one year ago today—President Biden signed the Inflation Reduction Act (“IRA”), the most significant clean energy and climate law in U.S. history.  As we described in a series last summer, the IRA created durable tax credits and other fiscal programs to revitalize domestic manufacturing and incentivize clean energy solutions in nearly every sector of the economy. The IRA’s one year anniversary is a key opportunity to take stock of what the law has propelled and what is expected around the corner.

Continue Reading The First Year of the Inflation Reduction Act

The Energy Strategy Coalition is a group of companies that operates in nearly every state and includes some of the nation’s largest investor-owned electric and gas utilities, public power authorities and generators of electricity from renewable, nuclear and gas-fired sources.[1]

The EPA’s proposal of carbon pollution standards for existing…

Continue Reading Statement of Energy Strategy Coalition upon the EPA’s Issuance of Proposed Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power Plants

On March 17, 2023, a law school clinic submitted to the United States Environmental Protection Agency (“EPA”) a sixty-day notice of intent to sue letter, setting forth various entities’ intent to sue the EPA for its alleged failure to perform various non-discretionary duties under the Noise Control Act of 1972 (the “Act”).

The Act has been largely unused since 1982. Should the EPA resume regulating noise pollution, it could have significant implications for a wide variety of product manufacturers, who could become subject to a host of regulatory requirements relating to controlling noise from products. For example, manufacturers of certain products could become subject to certain labeling, verification, recordkeeping, and reporting obligations.

Continue Reading Stakeholders Threaten to Sue the EPA to Require Regulation of Noise Pollution

On March 3, 2023, the United States Environmental Protection Agency (“EPA”) published a memorandum requiring states to evaluate the cybersecurity of operational technology used by public water systems (“PWSs”) “when conducting PWS sanitary surveys or through other state programs.”  EPA’s memorandum “interprets the regulatory requirements relating to the conduct of sanitary surveys to require that when a PWS uses operational technology (“OT”), such as an industrial control system (“ICS”), as part of the equipment or operation of any required component of a sanitary survey, then the sanitary survey of that PWS must include an evaluation of the adequacy of the cybersecurity of that operational technology for producing and distributing safe drinking water.”  Specifically, “EPA’s interpretation clarifies that the regulatory requirement to review the ‘equipment’ and ‘operation’ of a PWS necessarily encompasses a review of the cybersecurity practices and controls needed to maintain the integrity and continued functioning of operational technology of the PWS that could impact the supply or safety of the water provided to customers.” 

Continue Reading EPA Requires States to Address the Cybersecurity of Public Water Systems