Environmental Law Monitor

LATEST INSIGHTS

July 12, 2024 • Clean Power, Environmental Law Monitor

You Say You Want a (Heavily Subsidized) Revolution: New Clean-Fuel Tech Could Provide Endless Green Mileage

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 …

July 2, 2024 • Environmental Law Monitor, Regulations

Living in a De Novo World – Life after Chevron

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 …

United States Environmental Protection Agency sign on the Clinton building

July 2, 2024 • Emissions, Environmental Law Monitor, EPA

Won’t You Be My [Non-Emitting] Neighbor? SCOTUS Stays EPA’s Federal Emissions Plan for States

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. …

June 27, 2024 • Climate Change, Environmental Law Monitor

Federal Agencies Join White House in Outlining Principles for Voluntary Carbon Markets

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, …

June 27, 2024 • California, Clean Air Act, Environmental Law Monitor

Emissions, Interstate Commerce, and Locomotives: California Seeks to Limit Older Trains from Doing the Loco-Motion

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 …

June 21, 2024 • Environmental Law Monitor, EPA, PFAS

EPA Releases Updated Guidance on Destroying and Disposing PFAS

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 …

June 21, 2024 • Crypto, Environmental Law Monitor

Challenging Crypto Mining with Greenhouse Gas Limits

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 …

Heap of rechargeable batteries of differentes sizes, NiMH rechargeable.

June 13, 2024 • Environmental Law Monitor, EPA

US EPA’s Proposed New Rule: An Assault on Batteries?

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 …

June 6, 2024 • Emerging Issues, Environmental Law Monitor

AI – Environmental Friend or Foe?

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 …

May 30, 2024 • Climate Change, Environmental Law Monitor, Regulations

ITLOS Issues Historic Advisory Opinion on Climate Change and International Law

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 …