Original Kelley Drye Client Advisory posted on June 30, 2022.

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s”
Continue Reading The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS).  In releasing the report, EPA indicated that it was concerned by “the seemingly limited
Continue Reading EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS

EPA released this past Friday the agency’s draft strategy for examining health and environmental risks in communities that reside near facilities that emit chemicals undergoing TSCA review.  The “fenceline communities screening strategy” is an initial and explicit injection of “environmental
Continue Reading EPA “Fenceline Communities Screening Strategy” Aims to Advance Environmental Justice Agenda

Just about an hour ago, the Supreme Court reinstated a nationwide stay of OSHA’s temporary emergency standard related to COVID-19, including the vaccination/testing requirements that were scheduled to be enforced starting in February.  The court, in an unsigned opinion that
Continue Reading Breaking News: Supreme Court Stays OSHA COVID-19 Vaccination Standard

Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of Environmental Health Hazard Assessment (OEHHA) has
Continue Reading California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)

The U.S. Environmental Protection Agency’s (EPA’s) final National Recycling Strategy, released yesterday, includes prominent mention of “extended producer responsibility” (EPR) as a prime example of programs that advance the “circular economy” by increasing “materials recovery at the state and
Continue Reading New EPA Nationwide Recycling Strategy Highlights “Extended Producer Responsibility” Programs in Advancing the “Circular Economy”