The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
Insights and Commentary on Global Environmental and Energy Issues
Bernadette M. Rappold focuses her practice on federal and state regulatory issues related to energy, manufacturing, and the environment. Bernadette has substantial litigation experience and advises clients on regulatory compliance as well as the environmental, safety, and health aspects of numerous business and real estate transactions, including water, air, and chemical hazards. Bernadette offers clients perspective gained through years of service at the Environmental Protection Agency. While serving as a director of the Special Litigation and Projects Division in the Office of Civil Enforcement at the EPA’s Office of Enforcement and Compliance Assurance, Bernadette led complex enforcement actions in response to violations of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and other environmental statutes. Her work at the EPA covered a variety of economic and industrial sectors including the oil and gas, chemical, pharmaceutical, telecommunications, and agriculture industries.
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed National Primary Drinking Water Regulation (NPDWR) which, if finalized, would set enforceable limits, known as Maximum Contaminant…
Continue Reading PFAS in Drinking Water: EPA Proposes Historic New Regulation
On his first day in office, President Biden issued Executive Order 14008, calling on federal agencies to prioritize environmental justice and find ways to address disproportionate pollution impacts on…
Continue Reading Cumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty
Registered public companies would be required to report their greenhouse gas (GHG) emissions and certain information regarding climate-related financial risks and metrics, including any actual or likely material impacts to…
Continue Reading SEC Issues Long-Awaited Proposed Rule on Climate Disclosures
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of…
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
Indicating its intention to move forward aggressively to address growing legacy chemical concerns, the U.S. Environmental Protection Agency in February took two steps towards regulating certain per- and polyfluoroalkyl substances…
Continue Reading Biden EPA Moving Forward with National Drinking Water Regulations for PFOA and PFOS
Recent statements from domestic and international securities regulators suggest that development of consistent environmental disclosure standards may soon be forthcoming, with a nearer-term emphasis on sustainability goals and methodologies for…
Continue Reading Domestic and International Securities Regulators Focus on Sustainability Standards
A recent poll, conducted by the Harvard Law School Forum on Corporate Governance, found that interest in ESG ratings—that is, an organization’s performance on environmental, social, and governance measures—is…
Continue Reading Considering ESG? Three Ways Lawyers Can Help
The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up…
Continue Reading New Lawsuit Challenges DOJ Policy Prohibiting SEPs
On July 27, 2020, the U.S. Department of Justice (DOJ) issued a policy memorandum designed to stay the federal government’s hand in enforcing the Clean Water Act where states have…
Continue Reading New DOJ Guidance Seeks to Limit Federal Enforcement under the Clean Water Act