Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On January 17, the U.S. Supreme Court heard oral argument in Loper Bright Enterprises v. Raimondo, No. 22-451, an environmental-law dispute concerning fishery management in federal waters. The case reached the court via a petition of four commercial fishing companies challenging a federal fisheries regulation, the Magnuson-Stevens Act, which provides that the National … Continued
The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and play. Toward this end, the EPA lowered the recommended screening levels for lead in residential soil, from 400 parts per million to 200 ppm, … Continued
Last month, the California State Water Resources Control Board (SWRCB) unanimously approved regulations to allow water systems throughout California to develop treatment protocols to quickly convert wastewater into drinking water. This process is known as direct potable reuse and should allow municipalities to generate a climate resilient water source while reducing the amount of wastewater … Continued
On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from the products at issue. The Lowe plaintiffs brought their actions against two different tampon product lines, claiming that the presence of … Continued
Ever since the Clean Water Act of 1972 dramatically overhauled the way in which America, through the EPA, monitors and protects its waterways, there has been the struggle between the literal life-and-death need for clean water, and the cold, hard reality that people can, will, and sometimes-have-to release pollutants into the water as part of … Continued
Perhaps nothing has proven the indispensable value of commercial sterilizers more than the devastating worldwide COVID-19 pandemic. Without the highly effective and efficient commercial sterilizer ethylene oxide (EtO), we would not have been able to rely on lifesaving sterilized medical equipment and supplies – such as cotton swabs for nasal-swab testing, masks, ventilators, and thermometers … Continued
As our blog has reported a number of times, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action … Continued
Both the Department of Transportation and Environmental Protection Agency finished 2023 by issuing new rules that increase the maximum civil penalties for violating certain regulations. For the EPA, those regulations include the Clean Air Act, the Clean Water Act, and Toxic Substances Control Act. For the DOT, the maximum civil penalty increases affect regulations contained … Continued
In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an industry association) — on behalf of the State of Minnesota, alleging that the defendants knowingly engaged in a “decades-long campaign of … Continued
To close out 2023, the US Environmental Protection Agency issued its annual Automotive Trends Report, which provides the public with information about vehicle greenhouse gas (GHG) emissions, fuel economy, technology data and innovation, and auto manufacturers’ performance in meeting the EPA’s GHG emissions standards. EPA has been collecting this information since 1975. According to EPA, … Continued