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Environmental Protection Agency Publishes Rule Officially Allowing New ASTM Standard for All Appropriate Inquiry Environmental Diligence Requirement

March 16, 2022 by Freedom S.N. Smith, Partner
On March 14, the United States Environmental Protection Agency (“EPA”) published a direct final rule in the federal register (87 FR 14174) amending the Standards and Practices for All Appropriate Inquiries (“AAI”) at 40 CFR part 312 to reference ASTM International's E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” and allow for its use to satisfy the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 


White House Furthers Environmental Justice Work with Release of Draft Climate and Economic Justice Screening Tool

February 23, 2022 by Freedom S.N. Smith, Partner
While environmental justice (EJ) issues have been at the forefront of the Biden Administration's political agenda, there has been a lack of agreement on how environmental justice communities should be identified. The White House recently released a draft climate and economic justice screening tool developed by the Council on Environmental Quality (CEQ) to fill this gap.


19-State Lawsuit Against EPA Could Shrink the Power of Federal Agencies in Rulemaking

February 21, 2022 by Louie Jorczak , Partner
Last week, Indiana Attorney General, Todd Rokita, discussed with the National Press Club Indiana's participation in a 19-state lawsuit against the EPA that would limit the agency's ability to regulate carbon emissions.


Regulation of PFAS Contaminants Before the Indiana House of Representatives

February 10, 2022 by Louie Jorczak , Partner
Per- and Polyfluoroalkyl Substances, also known as "PFAS", have been used in industrial products for nearly a century and the effects of their presence in the environment, particularly Indiana's water sources, is only recently coming to light.


Proposed Indiana Law Would Prohibit Regulations "More Stringent" Than Federal Regulations

February 7, 2022 by Louie Jorczak , Partner


EPA Seeks Small Business Input on PFAS Reporting and Recordkeeping under TSCA

February 3, 2022 by Freedom S.N. Smith, Partner
Per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, are constantly in the news as PFAS are widely used, long lasting chemicals, components of which break down very slowly over time. In acknowledgement of this reality, the United States Environmental Protection Agency (EPA) has issued a PFAS strategic roadmap strategy for addressing PFAS issues.  


Indiana House Bill 1063 Would Change How Courts Weigh Factual Findings of Regulatory Agencies

January 31, 2022 by Louie Jorczak , Partner
Indiana regulatory agencies generally have a leg up in Indiana courts when a party seeks judicial review of a regulatory ruling.


Buying Sustainability in Real Estate

January 27, 2022 by Phillip N. Coover, Partner
Illinois has an expansive (and expanding) wetlands conservation program. There is an increasing need for real estate developments to have facets of sustainability built into them, both due to increasing consumer and tenant demand for LEED certification, WELL certification, and a general desire for green development, and also due to local governmental and federal regulations, such as the Clean Water Act.  


Another Battle Arises as to Waters of the United States as EPA's New Proposed Rule and Sackett Supreme Court Petition Seek Different Outcomes

January 25, 2022 by Freedom S.N. Smith, Partner
Environmental Protection Agency (EPA) and the Department of the Army (the agencies) have been battling for years over what constitutes a "water of the United States" under the Clean Water Act (CWA) for federal regulatory purposes.


U.S. Supreme Court Takes up Case to Determine whether Home Builders' Land Was Properly Held to Be "Wetlands"

January 25, 2022 by Louie Jorczak , Amy Berg,
The United States Supreme Court on Monday agreed to hear an important water protection case concerning protected wetlands, which will likely be heard during the Court’s term starting in October. 


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