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Publications
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07.2024Siting Energy and Transmission Line Projects in ArizonaLawyer PublicationsWith the renewable energy boom underway everywhere, Arizona offers an attractive market for renewable energy facilities, with lots of sunshine and even a bit of wind up north.
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05.23.2024A Cautionary Tale: EPA Lists PFOA and PFOS as Hazardous SubstancesArticlesThis article addresses the EPA’s new PFAS rule, which marks the agency’s first-ever exercise of its authority under Section 102(a) to directly identify CERCLA-specific hazardous substances.
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04.24.2024Two PFAS Designated as CERCLA Hazardous SubstancesUpdatesThe U.S. Environmental Protection Agency announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances—PFOA and PFOS, including their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.
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04.15.2024EPA’s Landmark PFAS Drinking Water StandardsUpdatesThe final rule on the National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances was announced by the U.S. Environmental Protection Agency on April 10, 2024. This update summarizes the rule and analyzes its implications for regulated entities.
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04.02.2024What Nevada 'Superbasin' Ruling Means For Water UsersArticles
Law360
Andrea Driggs, Janet Howe, and Ben Longbottom authored an article for Law360* titled "What Nevada 'Superbasin' Ruling Means For Water Users" examining the recent case filing, Sullivan v. Lincoln County Water District and the implications for water users throughout Nevada and the West.
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03.05.2024FDA: Grease-Proofing Substances Containing PFAS No Longer Being SoldUpdatesOn February 28, 2024, the U.S. Food and Drug Administration announced that grease-proofing substances containing Per- and Polyfluoroalkyl Substances are no longer being sold by manufacturers for food contact use in the U.S. market.
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02.15.2024EPA’s Latest PFAS Push Targets Nine Substances Under RCRAUpdatesU.S. Environmental Protection Agency Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances and the agency’s corrective action authority under the Resource Conservation and Recovery Act on January 31, 2024. These proposed rulemakings align with EPA’s Strategic Roadmap, announced in 2021 as a “whole-of-agency” approach to addressing PFAS.
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10.24.2023EPA Finalizes PFAS Reporting RuleUpdatesThe U.S. Environmental Protection Agency published a final reporting rule under the Toxic Substances Control Act on October 11, 2023, which requires manufacturers of per- and polyfluoroalkyl substances and PFAS-containing products to report information on PFAS dating back to 2011.
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09.19.2023Unpacking PFAS Food Packaging Regulations in the USArticlesJeffrey Hunter, Andrea Driggs, and Sara Cloon's update as part of the Summer Sustainability Series was republished by Packaging Digest. The article examines current state law developments in regulating PFAS chemicals in consumer products and food packaging.
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07.06.2023Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and RetailersUpdatesThis Update examines current state law developments in regulating PFAS chemicals in consumer products and food packaging, summarizes recent litigation against product manufacturers, and outlines next steps that manufacturers, retailers, and distributors of consumer products should consider to minimize their potential liability and risk.
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03.16.2023EPA Proposes Stringent National Drinking Water Standards for Six PFASUpdatesFor the first time and after much anticipation, the Environmental Protection Agency proposed National Primary Drinking Water Regulations for key "forever chemicals."
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01.25.2023PFAS and Food Packaging: The State of RegulationUpdates
In the absence of comprehensive federal legislation, states have started to regulate per- and polyfluoroalkyl substances in food packaging. This Update provides an overview of the current regulatory landscape.
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01.19.2023New U.S. Waters Definition May Rock the BoatArticles
Law360
On Dec. 30, 2022, the U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced the latest final rule attempting to define "waters of the United States," or WOTUS. -
01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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04.2022Avoiding PFAS and Other Food Packaging Faux Pas: Navigating US and EU RegulationsLawyer PublicationsThe PFAS Strategic Roadmap was released in 2021 by the United States Environmental Protection Agency (EPA) and outlines the various approaches that the EPA will use to address per- and polyfluoroalkyl substances (PFAS).
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04.2022Where Water Ends and Land Begins: Course Changes and Clean Water ActArticlesNowhere is change more certain than when it comes to Clean Water Act (CWA) rulemakings, leaving floundering regulated entities and litigation in their wake.
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02.02.2022
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2021The Year in Review 2020
ABA Section of Environment, Energy, and Resources
American Bar AssociationWater Quality and Wetlands Section -
11.2020Safe Drinking Water Act
Book Chapter
Law of Environmental ProtectionChapter 18 -
10.2020Siting Energy and Transmission Line Projects in ArizonaLawyer PublicationsWith the coal era winding down and renewable energy sources rapidly growing, Arizona offers an attractive market for renewable energy facilities, with plenty of sunshine and even a bit of wind up north.
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08.2020Mines and Maui: So Much for Regulatory CertaintyArticlesThe Supreme Court’s decision in County of Maui disrupted long-settled understandings of the scope of the Clean Water Act and has created uncertainty for the mining industry and others.
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07.16.2020Just Add Water: Permitting, State Sovereignty, and the Marble Cake DebacleArticles
American Bar Association - Summer 2020: Licensing and Permitting
Deciding where federal environmental authority should give way to state and local jurisdiction—“baking the marble cake of federalism,” as administrative law scholars put it—is admittedly a difficult task. -
2020The Year in Review 2019
ABA Section of Environment, Energy, and Resources
American Bar AssociationForest Resource SectionWater Quality and Wetlands Section -
04.27.2020Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable WatersUpdatesUncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.”
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01.27.2020New Regulations Redefine the Scope of the Clean Water ActUpdatesThe Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.”
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08.05.2019The Other CO2 Problem: The Evolving Regulatory Structure for Addressing Ocean AcidificationArticlesScientists have long understood that, by absorbing carbon dioxide (CO2), the oceans of the world act as a large sink for carbon, reducing the amount of warming those emissions would otherwise cause.
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2018The Year in Review 2018
ABA Section of Environment, Energy, and Resources
American Bar AssociationForest Resources Section
Water Quality and Wetlands Section -
12.14.2018Agencies Release Proposed Rule to Limit Clean Water Act JurisdictionUpdatesThe Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018.
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09.10.2018Kavanaugh's Chevron Skepticism May Impact Enviro RegsArticles
Law360
For Senators who express concern for separation of powers, U.S. Supreme Court nominee Judge Brett Kavanaugh's indisputable expertise in administrative law is among his most commonly praised merits.
Presentations
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12.07.2023NEPA Reform – Permitting for Critical Minerals ProductionSpeaking Engagements
This panel discussed a broad range of diverse views on the state of play in the reform of federal permitting laws by legislation and rulemaking.
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06.29.2023This Message Will Not Self-Destruct: Protecting Attorney-Client and Work Product PrivilegesSpeaking EngagementsPerkins Coie CLE Double Feature / Phoenix, CA
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08.11.2022Avoiding PFAS Faux Pas: Recent DevelopmentsSpeaking Engagements
Counsel Andrea Driggs discussed how various per- and polyfluoroalkyl substances (PFAS) are regulated under environmental statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Safe Drinking Water Act (SDWA); and the Clean Water Act (CWA). She also previewed developments at the state and federal levels.
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12.07.2021Avoiding Legal Landmines: Attorney-Client Privilege and Work Product DoctrineWebinarsDrawing from real-world examples, this program addresses recent developments related to the limits of the attorney-client privilege and work product doctrines, and provides companies with practical steps to navigate complex situations and establish best practices before and during litigation.
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10.14.2021Crystal Clear? The Latest on the Clean Water Act and Essential Calibrations to Permitting Best PracticesSpeaking EngagementsABA 29th Fall Conference / VirtualOver the past few years, regulators, businesses, and lawyers have navigated the latest revisions to the definition of “waters of the United States,” followed states diving into Clean Water Act section 404 assumption, waded through the U.S. Supreme Court’s Maui decision as well as Clean Water Act (CWA) section 401 rulings, and monitored the rollout of new U.S. Army Corp’s Nationwide Permits.
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12.10.2020
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12.02.2020Recycling, Remediation, and Mines: Best of AlloysSpeaking EngagementsAmerican Exploration & Mining Association / 126th Annual Meeting & Technical Sessions
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09.04.2019Overview of Forest Resources Year in Review: What Happened in 2018, and Preview of 2019Webinars
