Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The U.S. Supreme Court on June 15 issued a unanimous reversal of a lower appellate court, and in which, ruling against the federal government, struck down a Department of Health and Human Services rule significantly reducing Medicare prescription reimbursements to hospitals traditionally serving low-income patients. Although the 2018 rule did not, on its face, seem …
If you aren’t toting a reusable water bottle, bamboo straw, or canvas grocery bag, news of a plastic-eating enzyme may not resonate as revolutionary. Nevertheless, plastic waste ranks up there as one of the most pressing environmental problems we face today. There has been little hope in sight of how to shrink the colossal amount …
On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going forward even though it had previously been approved by the United States Bureau of Land Management, United States Department of the …
Ohio, along with sixteen other states, sued the Environmental Protection Agency on Friday last week, over its March 14, 2022 decision to reinstate a waiver allowing the nation’s most populous state California, under its Advanced Clean Cars Program, to enact tougher vehicle emission standards than those set by the federal government.[1][2] In 1966, California enacted …
Known as “forever” chemicals, many PFAS compounds are found in the blood of people and animals all over the world. They also present at low levels in various food products and in the water, air, fish and soil in many areas. Many environmental advocates have called for the U.S. Environmental Protection Agency (EPA) to set …
On April 29, 2022, the U.S. Environmental Protection Agency officially suspended the ban on sales of gasoline blends with a higher concentration of ethanol. This suspension came two weeks after President Biden’s vow to lift the ban in order to counteract the increased gas prices attributed to Russia’s incursion into Ukraine. The suspension went into …
You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane. Our blog has covered them here, here, here, and here. There is news on the settlement front. One of the primary …
Although ethanol is one of the earliest biotechnologies, it wasn’t until the energy crisis of the 1970s that ethanol was widely used as an additive to gasoline. Back then, concerns about the price of fuel and the impact of leaded gas on the environment led to a search for less expensive and more environmentally friendly …
On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired power plants under the Clean Air Act. Various theories abound that the court could depend on to support …
On March 16, 2022, the U.S. EPA Press Office issued a news release about implementing two key actions to prevent exposure from products with PFAS (Per- and Polyfluoroalkyl). The first action involves notification about fluorinated bottles; the second calls for the removal of two PFAS from the EPA’s Safer Chemicals Ingredients List. These two actions …