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
U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act
On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.
SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits
Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge pollutants to waters of the United States (“WOTUS”). This week, the Supreme Court clarified in San Francisco v. EPA (Case No. 23-753) that the
The Chevron Doctrine’s Gone, but the APA Lives On
Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial
Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority
As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and
Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP
Stoel Rives Summer Associate Jessica Wright co-authored this post.
We want to bring to your attention a recent development involving the Environmental Protection Agency’s (EPA) regulation of air pollutants. In the case Ohio v. EPA, the Supreme Court issued a stay on the enforcement of the EPA’s Federal Implementation Plan (FIP), halting the EPA’s ability
SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In
Executive Summary
The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”[1] Chevron cannot be reconciled with the Administrative Procedure Act (“APA”) by presuming that statutory ambiguities are implicit delegations to agencies. Chevron was decided in 1984. The APA was adopted in 1946.
Moving forward, courts are no longer required to defer to a federal agency’s interpretation of the federal statute it administers when that statute is silent or ambiguous, unless the statute expressly grants discretionary authority to the federal agency. The Court’s ruling will only apply moving forward and prior cases decided using the Chevron doctrine will not be affected by the Court’s ruling.
Continue Reading SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In