BW INSIGHTS

EPA’s Final Rule for particulate matter (PM) NAAQS

By Ellen Hames | 03.07.2024

On February 7, 2024, the U.S. Environmental Protection Agency (EPA) published a Final Rule on its reconsideration of the National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM), to lower the primary annual PM2.5 standard from 12.0 micrograms per cubic meter to 9.0 micrograms per cubic meter. The EPA retained the current... Read More

U.S. Supreme Court Greatly Narrows the Definition of Wetlands in the Clean Water Act

By Ellen M. Hames & James L. Pray | 06.05.2023

On May 25, 2023, the United States Supreme Court issued a much-anticipated decision in the Sackett v. EPA case. At issue was whether “Waters of the United States” (“WOTUS”) could include wetlands that are not directly and continuously connected to navigable waters. All nine justices were unanimous in finding that the EPA overstepped its statutory... Read More

45Q Carbon Sequestration Tax Credit: What It Is & How To Get It

By BrownWinick | 07.15.2022

The Carbon Sequestration Tax Credit (commonly referred to as the 45Q Tax Credit) was first added to the tax code in 2008, with subsequent expansions and clarifications in 2018 and 2021. This article will walk you through the basics of what the 45Q tax credit is and how to know if you are eligible to receive it. What is carbon sequestration? Carbon... Read More

The EPA's Rule Withdrawal Impact on Environmental Due Diligence

By Ellen M. Hames & Karen L. Karr | 07.12.2022

Since our last post, “New ASTM Standard for Commercial Real Estate Phase I Environmental Site Assessments”, the Environmental Protection Agency (the “EPA”) withdrew its direct final rule to adopt the new ASTM E1527-21 standard for the EPA’s “All Appropriate Inquiry” rules. The “All Appropriate Inquiry” rules provide a framework under which a... Read More

U.S. Supreme Court to Take on WOTUS Definition

By Ellen Hames | 03.07.2022

The U.S. Supreme Court recently announced that it will hear an appeal on a Waters of the U.S. (WOTUS) case in the case of Sackett v. U.S. Environmental Protection Agency. A decision from the Supreme Court will hopefully clarify the scope of WOTUS, which, though it is only a definitional gap, has far reaching impacts for what types of waters can be... Read More

Iowa Water Quality Lawsuit Dismissed by Supreme Court

By BrownWinick | 06.30.2021

A lawsuit brought against the State of Iowa alleging that the State – and various departments and officials – has failed to sufficiently protect the public’s use of the Raccoon River was ultimately halted by a divided Iowa Supreme Court earlier this month. The lawsuit, initially brought forth by Iowa Citizens for Community Improvement (“ICCI”) and... Read More