The U.S. Department of Interior recently argued that, prior to the Trump Administration, the Migratory Bird Treaty Act (“MBTA”), 16 U.S.C. § 703(a), had been improperly enforced. According to the Department of Interior, the Act’s original intent was to criminalize the intentional killing of protected birds.  Opponents to the Department of Interior’s interpretation have argued that the Act applies strict liability, such that accidental killing or injuring migratory birds resulting […]

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Yesterday, March 10, 2020, pursuant to the Safe Drinking Water Act (SDWA), the US Environmental Protection Agency (EPA) published its first proposed Preliminary Regulatory Determinations for per- and polyfluoroalkyl substances (PFAS) compounds in drinking water, specifically the two most common long chain compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The comment period ends May 11, 2020. PFAS Regulation and CERCLA A federal drinking water standard would support EPA’s ongoing […]

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Particle Pollution presents a severe public health risk. Exposure to particulate matter (PM) leads to a host of respiratory and cardiovascular problems. Though the United States has achieved a great deal of progress in reducing the amount of ambient air pollution in the last thirty years, many areas throughout the country still wrestle with particle pollution levels that put populations at risk. California recently enacted regulations to address exposure to […]

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In efforts to conserve endangered and threatened species, Richard Nixon signed the Endangered Species Act of 1973 into law.  The Act establishes various programs to aid threatened species of fish, wildlife, and plants in the United States.  Subsequently, the Act has saved over two hundred species from extinction, including “the peregrine falcon, the humpback whale, the Tennessee purple coneflower and the Florida manatee.”  Under the Act, authority is given to […]

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