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
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
Ninth Circuit Signals Potential Changes to EPA Effluent Guidelines
In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across
Fed up with Federal Rules? OMB Implements a Federal Deregulation Idea Solicitation Process on White House Urging.
On April 9, 2025, the White House published a new Memorandum entitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The Memorandum avers that illegal, unnecessary, and onerous regulations impede the Administration’s objectives of promoting economic growth and American innovation, and impose massive costs
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