Benjamin Lippard

Mar 12, 2024 | jdsupra.com | John Geilman |Benjamin Lippard |Corinne V. Snow

On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource Conservation and Recovery Act (“RCRA”) corrective action program (the “PFAS Constituent Rule”) and another to expand the regulatory definition of RCRA hazardous waste to address PFAS releases from RCRA-permitted solid waste management units (the “Definition Rule”).

Sep 7, 2023 | jdsupra.com | Audrey Doane |Jason G. Fleischer |Benjamin Lippard

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the agencies had finalized earlier this year (the “January 2023 Rule”). The newest rule seeks to incorporate key limitations on the jurisdictional reach of the Clean Water Act as explained in the Supreme Court’s May 2023 decision in Sackett v.