Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.

Marine litter is human-created waste that has been discharged into the marine environment, including glass, metal, plastics, and other debris. According to data compiled by the United Nations, the equivalent of a garbage truck filled with plastic is dumped into the ocean every minute—more than 8 million metric tons per year. On November 11, 2019, the Environmental Law Institute hosted an expert panel that explored recent U.S.

Millions of tons of plastic enter the environment every year, killing wildlife, releasing toxins, clogging drains, and marring landscapes. Bans or restrictions on single-use plastics have exploded in popularity in recent years as a means of addressing these problems. Yet these bans remain controversial, with some businesses pushing back against what they consider excessive regulation and others maintaining that banning single-use plastics uses political capital that could be spent advancing more urgent and systemic agendas.

The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters.