Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here). Then, on June 27, the Supreme Court in Ohio v. EPA (Ohio) issued a 5-4 opinion granting a temporary stay of …
Plastics are inescapable. They are used in packaging, home supplies, medical devices, and countless other items. Naturally then, over the past several years, and as covered by ELM and GS’s Toxic Tort and Environmental Law team, microplastics have gained notoriety in the United States. These small fragments of plastic, smaller five millimeters, have increasingly been …
In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus interest toward addressing climate change. Before it gained the moniker “Prop 4,” the bond measure was initially …
As coastal erosion continues to shrink beaches, the sand that remains has become ever more valuable; and in Maine, a battle over the beach has reached the state’s highest court. In most coastal states, the intertidal land — (the land subject to the ebb and flow of the tides) — is owned by the state …
On July 11, the U.S. Environmental Protection Agency issued updated recommendations under the Clean Water Act for contaminants that states, Tribes, and territories should consider monitoring in locally caught, freshwater fish. For the first time, the EPA has added several per- and polyfluorinated substances (PFAS) to the contaminant list (e.g., PFDA, PFHxS, PFNA, PFOA, PFOS), …
The Federal Aviation Administration (FAA) is responsible for licensing the companies that charter private space transportation. To issue a license for commercial space travel, the FAA is required under the National Environmental Policy Act to assess how their licensees’ activities may impact the environment. FAA policy requires before issuing a license for space travel that …
On a clear day, you can’t actually see forever — if you follow the blue sky out to the horizon, you will often see it become somewhat more pale and opaque, owing to ‘visible pollution,’ or “haze” — the result of the interaction of sunlight with particulate matter in the air. Before the modern industrial …
Tech-savvy energy producers are currently looking for economically viable methods to create “green hydrogen” from water using renewable electricity. This technology, which can produce clean fuel for planes, ships, and trucks, could be the world’s biggest development in power generation since the 19th century. In particular, the creation of clean fuels for heavy vehicles could sharply reduce or …
On June 28, in a 6-3 decision, the Supreme Court in Loper Bright Enterprises, et al. v. Raimondo Secretary of Commerce, et al., held that federal courts must exercise independent judgment in deciding whether a federal agency has acted within its statutory authority. This decision upends 40 years of precedent set forth by the court’s …
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. …