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On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (“the Act”), which includes modest changes to the National Environmental Policy Act (“NEPA”), among other things.

Environmental Justice (“EJ”) continues to be a strong focus of both the federal and state governments with two major developments occurring in the past two weeks.

At long last, the U.S. Environmental Protection Agency (“EPA”) is poised to grant Louisiana authority to issue Class VI permits under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”) program for long-term carbon capture and sequestration (“CCS”).

The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

The Environmental Protection Agency (“EPA”) has proposed regulating six per- and polyfluoroalkyl (“PFAS”) in drinking water under the Safe Drinking Water Act (“SDWA”).

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release new tools and data, issue new guidance policies and memoranda, and create national offices, among other key actions.

The Environmental Protection Agency announced it will continue to prioritize enforcement of, and compliance with, the Safe Drinking Water Act and federal drinking water regulations through Fiscal Year (“FY”) 2027, according to a January 12, 2023 notice.

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a pre-publication version on the final business day of 2022.

Long awaited, the U.S. Environmental Protection Agency (“EPA”) last week released the proposed Renewable Fuel Standard (“RFS”) “set” rule.

Last November, the U.S. Environmental Protection Agency (EPA) published a regulatory preamble describing its plans for proposed standards to reduce methane emissions and other air pollutants from affected sources within the oil and gas sector.

The Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental justice (“EJ”) from the Inflation Reduction Act (“IRA”).

The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines.