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DoD Mandates Preparation for Climate Change

Client Alert | less than 1 min read | 01.18.16

On January 14, 2016, DoD issued Directive 4715.21 (Climate Change Adaptation and Resilience), which establishes a comprehensive framework for agency efforts to (i) address, mitigate, and adapt to climate change risks to U.S. military assets and operations; and (ii) integrate climate change risk considerations into DoD acquisition and mission planning. As described in this post [MAKE THIS A LINK], the DoD Directive does not address several questions that will likely be answered on a piecemeal basis through multiple new or modified regulations, standards, and guidelines, providing the private sector with several opportunities to shape implementation of the directive and to address downstream effects to contracts and corporate policies.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....