As a new term of the Supreme Court of the United States (SCOTUS) begins, a suite of environmental cases is on the court’s agenda.

SCOTUS is fielding a number of requests to hear cases about the venue for Clean Air Act litigation, as well as to stay major EPA rules that are currently in litigation in lower courts. Cases already on the SCOTUS agenda concern the EPA’s authority to include “narrative” pollution limits in Clean Water Act permits, and the requirement to assess a project’s indirect effects in National Environmental Policy Act (NEPA) reviews.

Compliance and Permitting Team will be monitoring the outcomes of these cases to help our clients understand the impacts on their businesses.

Questions? Reach out to Damon Roth

EPA releases long-awaited final Lead and Copper Rule Improvements

On Oct. 30, EPA issued the final Lead and Copper Rule Improvements (LCRI), which represents the most significant change to the rule since its inception in 1991. The LCRI introduces several new requirements for U.S. drinking water systems including lowering the Action Level for lead from 15 µg/L to 10 µg/L, mandatory replacement of lead service lines by October 2037, and strengthened corrosion control treatment.

Why it matters: This rule, which is the most complex drinking water regulation, has broad impacts — including for all community water systems and non-transient, non-community water systems in the nation.

Questions? Reach out to Damon Roth

Renewed focus on fluoride in drinking water

A recent federal ruling has reignited the debate over fluoride in drinking water, suggesting that the current level of 0.7 mg/L may pose a risk to children’s IQ. The EPA must now decide whether to appeal the decision or reassess fluoride risks, while the American Dental Association, American Association of Pediatrics, and the U.S. Public Health Service continue to support existing recommendations. This ruling could lead to changes in water fluoridation policies across multiple states.

Why it matters: The recent fluoride ruling may have ripple effects, including the potential for water systems to question the safety of adding fluoride to drinking water.

Air quality regulatory updates target emission controls and compliance flexibility

Questions? Reach out to Jasmine Lee

The EPA continues to address air quality via its regulatory reviews and updates:

The New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels tightens controls on emissions from storage vessels, including those for petroleum liquids. Facilities may need to adopt stricter emission controls to comply.

The EPA recently completed a Review of Final Rule Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act. The reclassification may streamline compliance, reducing costs and enhancing operational flexibility for some sources that use or emit hazardous air pollutants (HAPs), but facilities emitting persistent and bioaccumulative HAPs are not eligible.

Why it matters: These regulations indicate a broader commitment by the EPA to tighten air quality standards and reduce emissions across various industries, highlighting an ongoing effort to balance environmental protection with regulatory flexibility. This trend suggests increased scrutiny and evolving compliance requirements for sectors with significant emissions.