After EPA announced that it would retain the CERCLA hazardous substance designations for PFOA and PFOS on September 17, 2025, it filed a motion to lift the abeyance from the ongoing litigation regarding the designations in the D.C. Circuit in Chamber of Commerce of the United States of America v. EPA, No. 24-1193 (D.C. Cir.). The case was initiated in June 2024 when the U.S. Chamber of Commerce and other industry groups challenged the Biden administration’s final rule designating PFOA and PFOS as CERCLA hazardous substances in the D.C. Circuit. In February 2025, after the Trump administration took office, EPA requested that the court hold the case in abeyance while it considered whether it would take a different position on the designation. Babst Calland’s attorneys are closely tracking EPA’s PFAS actions and related litigation, and can help provide strategic advice on how developing PFAS regulations may affect your business. To read the full article by Sloane Wildman or Alexandra Graf, click here.
On November 17, 2025, the U.S. EPA and Army Corps of Engineers proposed a revised definition of “waters of the United States” under the Clean Water Act. The Trump administration announced that the Proposed Rule would “provide greater regulatory certainty and increase Clean Water Act program predictability and consistency.” If you have any questions or would like any additional information on the Proposed Rule and WOTUS developments or the Clean Water Act, in general, and the impacts on your business, please contact Lisa Bruderly or Ethan Johnson. To read the full alert, click here.
On November 12, 2025, Governor Josh Shapiro signed House Bill 416, a Fiscal Code Bill and a segment of the Pennsylvania budget package for Fiscal Year 2025-26. The Fiscal Code has several important implications for industry regulation, including the abrogation of the Regional Greenhouse Gas Initiative (RGGI) regulations, permitting relief through expedited review schedules for certain air and water general permits, and provisions to ensure grid reliability. The alert by Environmental Attorneys Kevin Garber and Alexandra Graf addresses these implications of the 2025 Fiscal Code. To view the full alert, click here.
On November 10, 2025, EPA announced a proposed revision to regulations issued under Toxic Substances Control Act (TSCA) Section 8(a)(7), which would reduce certain per and polyfluoroalkyl substance (PFAS) reporting requirements for manufacturers and importers. Babst Calland’s Environmental Practice attorneys are closely tracking EPA’s PFAS actions, and our attorneys are available to provide strategic advice on how developing PFAS regulations may affect your business. For more information or answers to questions, please contact Sloane Anders Wildman or Ethan Johnson. To read the full alert, click here.
On October 2, 2025, the EPA published a Proposed Rule and a companion Direct Final Rule to extend certain compliance deadlines for effluent limitations guidelines for the Steam-Electric Power Generating point source category in the Federal Register. EPA states that the proposal seeks to advance the goals of the Trump administration’s Unleashing American Energy Executive Orders and provide reliable energy as demand increases due to the rise of AI and data centers. The comment periods on Proposed Rule and Direct Final Rule close on November 3, 2025. Additionally, EPA is hosting a webinar on the rule package on October 14, 2025. Babst Calland attorneys continue to track these developments and are available to assist with CWA-related matters. To read the full alert by Mackenzie Moyer, Ben Clapp, and Gary Steinbauer, click here.
On September 17, 2025, EPA announced that it will retain the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance designation for PFOA and PFOS, two PFAS compounds. To read the full alert authored by Sloane Wildman and Alex Graf, click here.
EPA’s rescission of the Title V defense was based on a legal interpretation of the Clean Air Act that the D.C. Circuit has since rejected, rendering the agency’s action arbitrary and capricious. As a result, the Title V affirmative defense for emergencies remains a liability shield for operators. For details on the ruling in this case, view the recent alert by Joseph Schaeffer, Gina Buchman and Ryan McCann. To view the alert, click here.
On August 21, 2025, the West Virginia Department of Environmental Protection published its proposed Clean Water Act Section 401 Water Quality Certification package proposed by the U.S. Army Corps of Engineers to expedite permitting of energy related projects as a means of implementing several Executive Orders issued by President Trump aimed at expediting regulatory approval of such projects. In finalizing its decision on the proposed Certifications, the WVDEP will consider the impact of activities that would be authorized using these mechanisms on water resources, fish and wildlife, recreation, critical habitats, wetlands, and other natural resources. WVDEP is accepting public comment on its proposed Certification package until September 23, 2025. For more information on this development and other water issues, please contact Christopher (“Kip”) Power or Mackenzie Moyer. To view the full alert, click here.
On July 31, 2025, EPA published its highly anticipated Interim Final Rule to extend several deadlines in 40 C.F.R. Part 60, Subparts OOOO, OOOOa, OOOOb and OOOOc that were promulgated in EPA’s 2024 Methane Rule. That same day, environmental groups filed a lawsuit challenging the Interim Final Rule. Absent a stay by the court, which the environmental groups are currently not seeking, the Interim Final Rule and the various extended deadlines are effective. For more information or answers to questions, please contact Gary Steinbauer, Gina Falaschi Buchman, Christina Puhnaty, or your Babst Calland relationship attorney. To read the full alert, click here.
As described in this Environmental Alert, Babst Calland attorneys continue to track developments related to coal combustion residual (CCR) related matters. For more information on this development and other waste matters, please contact Ben Clapp, Gary Steinbauer or Mackenzie Moyer, or any of our other environmental attorneys. To view the alert, click here.
On May 31, 2025, PADEP published notice of opportunity for public comment on its Proposed State Plan for 40 CFR Part 60, Subpart OOOOc Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities in the Pennsylvania Bulletin. 55 Pa.B. 3810. Babst Calland’s Environmental Practice attorneys are closely tracking PADEP’s Proposed State Plan and EPA’s pending interim final rule, and are available to provide strategic advice on how these actions may affect the oil and gas industry in Pennsylvania and can assist with drafting and submitting comments on PADEP’s proposal. For more information or answers to questions, please contact Gary Steinbauer or Gina Falaschi Buchman, or your Babst Calland relationship attorney. To read the full alert, click here.
On May 14, 2025, less than three weeks after the EPA released its strategy to address per and polyfluoroalkyl substances (PFAS), EPA announced its intent to retain the existing drinking water standards for the two most common PFAS (perfluorooctanoic acid (PFOA) and perfluorooctane (PFOS)). At the same time, EPA stated it would rescind and “reconsider” the regulation of the four other PFAS compounds included in the previous rule. For more information or answers to questions, contact Environmental Attorneys Sloane Wildman and Jessica Deyoe. To read the full alert, click here.
On April 28, 2025, U.S. Environmental Protection Agency Administrator Lee Zeldin announced “major EPA actions to combat PFAS contamination.” Few details have been provided yet, but in emphasizing EPA’s goals in “strengthening the science,” “fulfilling statutory obligations and improving communication,” and “building partnerships” with states and Tribes, EPA signals that it may take a different regulatory approach to PFAS (per- and polyfluoroalkyl substances) than the prior administration. In this Alert, Environmental Attorneys Sloane Anders Wildman, Jessica Deyoe and Ethan Johnson discuss EPA’s announcement and its intended PFAS actions. To read the full alert, click here.
In their recent alert U.S. EPA Approves Class VI Injection Well Primacy in West Virginia with Jim Curry, Kip Power, and Gary Steinbauer, Gina Falaschi Buchman and Alex Graf discuss on February 26, 2025, the US EPA published a notice in the Federal Register approving West Virginia’s application for Class VI injection well primary enforcement authority (primacy) pursuant to the Safe Drinking Water Act (SDWA) underground injection control (UIC) program. West Virginia is the first state in the Eastern U.S. to receive primacy. Primacy gives West Virginia the responsibility of overseeing and implementing a Class VI permitting program. To view the alert, click here.
In their recent alert PFAS: A New Four-Letter Word in Environmental Law? Updates from 2024 and Predictions for 2025 with Joseph Schaeffer, Sloane Wildman and Jessica Deyoe discuss some of the more significant PFAS-related developments from the past year and considers what might happen in 2025 and beyond. To read the full alert, click here.