Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule, set in 2015. The application of this rule was intended to address transboundary ozone pollution that can exacerbate health hazards. … Continued
After much anticipation, the Environmental Protection Agency issued its final rule this week aimed at cutting methane emissions as well as strengthening and updating greenhouse gas emissions (GHG) reporting for the oil and gas industries. Methane is a “super pollutant” that is many times more potent than carbon dioxide. Methane also contributes to approximately one … Continued
The U.S. Environmental Protection Agency announced April 9 a set of final rules under sections 111 and 112 of the Clean Air Act (CAA) to significantly reduce toxic air pollution from more than 200 chemical plants in the United States. The plants affected make products such as synthetic organic chemicals, plastics, paints, synthetic fabrics, pesticides, … Continued
It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California government had shut down some refineries and smoke-stack power plants, but the smog persisted. Finally, chemists discovered that … Continued
The Environmental Protection Agency announced March 20 final national pollution standards applicable to cars, light-duty trucks, and medium-duty vehicles. These standards apply to vehicles manufactured beginning in 2027. The new standards will be phased in on vehicles manufactured until 2032. The EPA estimates the new standards will avoid more than 7 million tons of carbon … Continued
A new report by the International Energy Agency, released on March 13, found that for the third year in a row, methane released by the fossil fuel industry rose to an almost record high in 2023. Methane emissions are a significant contributor to global warming, second only to carbon dioxide. Although methane is better at … Continued
Nearly ten months after settling over 870 Illinois-based Cook County ethylene oxide (EtO) exposure claims for $408 million (covered by ELM here), at the beginning of the final quarter of 2023, Sterigenics, one of the world’s largest commercial sterilizers, along with its parent company Sotera, agreed to settle 79 lawsuits relating to EtO emissions from … Continued
Following the U.S. Environmental Protection Agency’s 2016 finding that ethylene oxide (EtO), a highly effective chemical routinely used to sterilize medical devices and equipment, was significantly more hazardous than previously understood, individuals and shareholders began filing lawsuits against various EtO-using entities throughout the United States with no end in sight. At the end of last … Continued
The U.S. Environmental Protection Agency announced July 25 proposed updates to its Air Emissions Reporting Requirements (AERR), including a proposal to require the reporting of hazardous air pollutants, or “air toxics” (substances known or suspected to cause cancer and other serious health effects). This update seeks to provide the EPA with accessible data allowing it … Continued
On April 28, California’s Air Resources Board (CARB) approved new regulations which would phase out the sales of medium and heavy-duty combustion trucks in California by 2036. The goal is to fully transition existing fleets to zero-emissions vehicles by 2045. Known as the Advanced Clean Fleets (ACF) regulation, the ACF is part of CARB’s latest … Continued