Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The U.S. Supreme Court last week scheduled oral arguments for December 10 in Seven County Infrastructure Coalition v. Eagle County, a highly anticipated case that focuses on whether a federal agency should be required to consider environmental effects that it does not have direct authority to regulate and that do not occur near the project …
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s …
On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being challenged in pending court proceedings, but three justices indicated they had concerns with the rule’s legality. The October 16 …
As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action now to restrict PFAS …
Artificial Intelligence is Big Tech’s newest toy. However, AI also requires massive amounts of energy to operate, which puts the industry’s climate commitments at risk. The sprawling data centers that Microsoft and other digital giants need are beginning to strain the nation’s existing power supplies. Meta Platforms recently reported last year’s emissions were roughly 70-percent …
It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire John Van Dyke to construct an oil refinery right on the spot. German-American chemist Herman Frasch …
As cryptocurrency has increased its notoriety in the US, so has its demands on the US electrical grid. Indeed, the US is witnessing a constantly proliferating number of cryptomining facilities, which are large spaces – often former factories or defunct power plants – filled with computers using large amounts of electricity to “mine” crypto by …
In an update to the Environmental Law Monitor’s continuing coverage of California’s historic climate disclosure laws, California State Sen. Scott Weiner put forth on August 13 proposals to Senate Bill 219 that would delay the effective date of the Golden State’s 2023 emissions and climate-related financial risk corporate disclosure laws. As our readers may remember, …
On September 13, plaintiffs in the U.S. District Court for the Northern District of Ohio action pending against Norfolk Southern arising out of last year’s train derailment and toxic chemical spill in East Palestine filed a motion seeking final approval of a $600 million settlement. The settlement includes a $162 million attorneys’ fees payment. The …
Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.” The National Science and Technology Council (NSTC) is the principal means by which the executive …