The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes … Continue Reading
On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading
The first two years of the Biden Administration have brought about a marked shift in environmental policy by contrast to the prior Administration, with the emphasis on addressing climate change at the national and international levels, the revisiting of a number of rules and policies of the prior Administration, the focus on environmental justice for … Continue Reading
As we noted in a prior post, linked here, US EPA has proposed to designate two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” CERCLA provides the Federal government with the authority to respond to releases or threatened releases of hazardous substances … Continue Reading
