Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On May 28, multiple federal agencies in conjunction with the White House published a Joint Policy Statement that laid out the principles for the further development of future, high-integrity voluntary carbon-credit markets. The 12-page Joint Statement of Policy and New Principles for Responsible Participation in Voluntary Carbon Markets was co-signed by Treasury Secretary Janet Yellen, …
The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that are 23 years of age or older from operating in California starting in 2030, a rule many in the U.S. House Committee …
In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS. According to EPA, the updated guidance (found here) reflects the “latest, best available science” to provide information that managers of PFAS wastes can use to evaluate …
About two months ago, a New York Appeals Court reversed a lower court’s dismissal of the claims brought by two public service organizations in the matter of Clean Air Coalition of Western New York v. New York State Public Service Commission, 207 N.Y.S.3d 221 (3rd Dep’t 2024). In that case, the Sierra Club and the …
On June 5, the U.S. Environmental Protection Agency proposed limits on the use of N-Methylpyrrolidone (NMP), a solvent found in products such as arts and crafts supplies and paint remover. Manufacturers also use NMP during the production of semiconductors and lithium-ion batteries. Studies link NMP to a range of negative health effects, including miscarriages, reduced …
Recently, there’s been much discussion about the potential benefits that artificial intelligence can bring to climate change regulation. For example, advanced technology, such as satellite data, is being used to identify large emission events — (see ELM’s recent methane rule finalization coverage here and ELM’s previous AI coverage here). AI also is being used to …
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations regarding climate change. Sought by the international organization called the Commission of Small Island States (COSIS), the historic nature of …
As part of the Fiscal Responsibility Act (the latest debt ceiling bill), Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since its enactment in 1970. The Council on Environmental Quality (CEQ) has since made further changes to NEPA regulations, and those latest changes have been met with a legal challenge …
The Environmental Protection Agency earlier this week issued an enforcement alert, explaining cybersecurity threats and vulnerabilities to community drinking water systems (CWSs) and actions needed by these systems in order to comply with the Safe Drinking Water Act (SDWA). The alert is part of a government-wide effort – led by the National Security Council and the Department of …
In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer use of the substance, as well as most industrial and commercial uses. TheEPA did not completely …