On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit rejected industry challenges to the designation by U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The decision upholds the 2024 rule, preserving EPA’s authority to investigate releases, direct certain cleanups, and pursue recovery of response costs involving these two per- and polyfluoroalkyl substances (PFAS) compounds, often called “forever chemicals.”
Continue Reading D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in Focus
Los Angeles Regional Water Board Adopts New CII Stormwater Permit
On July 23, 2026, the Los Angeles Regional Water Quality Control Board adopted a new Commercial, Industrial, and Institutional (“CII”) Stormwater Permit that could create significant new compliance obligations for certain commercial, industrial, and institutional properties in portions of Los Angeles County. In general, the permit applies to facilities within the Dominguez Channel and Los
FWS and NMFS Finalize Rule Rescinding ESA Definition of “Harm”
On July 14, 2026, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) jointly finalized a rule rescinding the regulatory definition of “harm” under the federal Endangered Species Act (“ESA”). The final rule will take effect 60 days after publication and represents the culmination of the Services’ April
EPA Again Delays Start of TSCA PFAS Reporting—Now Until January 2027 at the Latest
On April 13, 2026, the U.S. Environmental Protection Agency (EPA) issued a final rule further delaying the start of the one-time data submission period for reporting per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule postpones the opening of the reporting window until EPA completes a separate
EPA RMP & EPCRA Inspections: What to Do If You Receive Notice
EPA is actively conducting on-site inspections focused on RMP and EPCRA compliance, and facilities receiving a Notice of On-Site Compliance Inspection (NOCI) must act smartly. Recent notices show that EPA is pairing short lead times with broad document requests, planning multi-day inspections, and undertaking close review of Program 3 accident prevention requirements.
For facilities with
Begin the Begin: EPA Proposes Revisions to “Begin Actual Construction”
R.E.M. track “Begin the Begin” starts A birdie and a hand for life’s rich demand. Well, regulated entities demanded, and the birdie delivered EPA’s proposed rule to revise the New Source Review (NSR) preconstruction permitting regulations and expand the scope of activities allowed prior to issuance of a NSR permit. The rule proposal redefines “begin actual construction”
EPA Issues Guidance to Streamline Title V Permit Reviews
On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance intended to streamline the review and issuance of Title V operating permits under the Clean Air Act. This guidance may effectively reduce Title V permitting timelines, particularly where public opposition is limited. EPA’s guidance promotes parallel EPA and public comment reviews, earlier permit
Oregon Court of Appeals Confirms Removal of Receiving Water Limits Is Not Backsliding
The scope of what Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits may lawfully require continues to narrow. On April 29, 2026, in Northwest Environmental Advocates (NWEA) v. DEQ, the Oregon Court of Appeals upheld the decision of the Department of Environmental Quality (DEQ) to renew an NPDES permit without a narrative
EPA Proposes to Narrow Scope of Clean Water Act Section 401 Water Quality Certifications – Comment Deadline Looming
- Comment Deadline: February 17, 2026, via the Federal eRulemaking Portal, email (OW-Docket@epa.gov), or mail. Comments must be submitted in writing and identified with Docket ID No. EPA‑HQ‑OW‑2025‑2929.
- Adoption: Expected in Spring 2026 (subject to comments received).
On January 13, 2026, the United States Environmental Protection Agency (EPA) announced a proposed rule
Stoel Rives Welcomes Environmental Attorney in Seattle
Stoel Rives LLP is pleased to announce that Ankur Tohan has joined the firm’s Seattle office as a Partner in the Environment, Land Use and Natural Resources practice group.
Ankur brings extensive experience in environmental and energy law, with a practice focused on renewable energy development, carbon capture and sequestration, energy infrastructure, and complex regulatory