Your Guide to Emerging Issues in Environmental Regulation and Litigation.
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 …
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 …
On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the federal environmental review process under the National Environmental Policy Act (NEPA). A pillar of environmental law passed in …
Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide certain climate-related information in future registration documents and annual reports (the “Final Rules”). As SEC Chairman Gary Gensler said in a press …