Emerging Issues

Category: Emerging Issues

June 29, 2023 • Emerging Issues, Environmental Law Monitor, New Jersey, PFAS

NJ PFAS Alert: Solvay Enters $393 Million Settlement with Garden State to Remediate Contamination

New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic components for consumer products. This contamination included the release of per- and polyfluoroalkyl substances (PFAS). The proposed settlement commits Solvay to: Pay for and … Continued

June 29, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA’s New Renewable Fuel Standards Add Biofuel to the Fire

The Environmental Protection Agency issued its final rule establishing biofuel volume requirements for 2023 to 2025 under the Renewable Fuel Standard (RFS) program on June 21. The Rule aims to reduce the United States’ reliance on foreign sources of oil by approximately 130,000 to 140,000 barrels of oil per day by requiring annual volumes of … Continued

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June 22, 2023 • Emerging Issues, Environmental Law Monitor, EPA

American Public Is Thrown Into the EtO Mix with Government and Industry

After a COVID-related dip, ethylene oxide (EtO) cannot seem to stay out of the news these days. Every week there is some EtO-related legal or technological development in the United States. And now the public is being encouraged to shape the oversight of EtO use and manufacture. Following a long pause in years-long and intense … Continued

United States Environmental Protection Agency sign on the Clinton building

June 15, 2023 • Emerging Issues, Environmental Law Monitor, Regulations

EPA Announces Proposed Perchloroethylene Regulation under the Toxic Substances Control Act

Earlier this month, the U.S. Environmental Protection Agency announced a proposed regulation of perchloroethylene (PCE) under the Toxic Substances Control Act to protect public health. PCE, also known as perc and tetrachloroethylene, “is used for the production of fluorinated compounds; as a solvent for dry cleaning and vapor degreasing; in catalyst regeneration in petrochemical manufacturing; … Continued

June 15, 2023 • Emerging Issues, Environmental Law Monitor, NEPA, Pipeline

The Environmental Impacts of the Debt Deal

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators. While the centerpiece of the agreement is the two-year suspension of the debt ceiling, the FRA surprisingly includes significant environmental provisions. Specifically, the FRA … Continued

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June 15, 2023 • California, Emerging Issues, Environmental Law Monitor

UCLA’s Environmental Law Clinic Weighs in on Berkeley Gas Case with New Amicus Brief

Following up on our April 21 post, the UCLA Environmental Law Clinic recently filed an amicus brief in the California Restaurant Association v. Berkeley litigation, joining multiple other governmental and non-governmental organizations asking the Ninth Circuit to take another look at its April 17 decision. The Ninth Circuit’s decision effectively overturned a lower federal district … Continued

June 1, 2023 • Clean Water Act, Emerging Issues, Environmental Law Monitor

CWA Alert: Supreme Court Unanimously Rejects Executive Agencies’ Interpretation of the Clean Water Act

The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity — ambiguity such agencies have used to extend their reach to places and activities over which Congress has not given them express jurisdiction. Sackett … Continued

Elevation Sea Level Sign, Death Valley National Park, California, USA

May 25, 2023 • Climate Change, Emerging Issues, Environmental Law Monitor

Using Technology to Turn the Tide on Climate Change

A 2022 Interagency Sea Level Rise Technical Report, authored by various governmental agencies, found that global mean sea levels could rise between one and seven feet by 2100. This would me significant impacts to the more than 40 percent of Americans who live near coastal waters. Coastal flooding can have major impacts to infrastructure, such … Continued

Pollution Factory Smoke in Air with Sky Bad for the Environment

May 18, 2023 • Climate Change, Emerging Issues, Environmental Law Monitor

The Supreme Court Denies Fossil Fuel Companies’ Bid to Have the Climate Deception Cases in Federal Court

Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not harmful. These 11 cases have collectively been dubbed the “climate liability cases” or “climate deception cases.” Just a few … Continued

May 11, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA Proposes Ban on Common Solvent and Processing Aid Methylene Chloride

In a proposed rule published on May 3, the U.S. Environmental Protection Agency recommended a ban on most uses of methylene chloride (also called dichloromethane), a common solvent and processing aid. It is used in a variety of consumer and commercial applications including adhesives and sealants, automotive products, and paint and coating removers. The chemical was manufactured … Continued