Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Several states have implemented steps to build up legislative frameworks needed for carbon-capture utilization and sequestration (CCUS) projects in the first half of 2023. CCUS refers to the process of capturing carbon-dioxide emissions from sources like coal-fired power plants, and either reuses or stores the CO2 so it will not enter the atmosphere. CO2 can …
Introducing new PFAS into the market or using existing ones for new purposes likely just got much harder as the EPA has established a new framework requiring an intensive scientific review process that likely will result in restrictions or even bans. The “Framework for TSCA New Chemicals Review of PFAS Premanufacture Notices (PMNs) and Significant …
The U.S. Environmental Protection Agency’s Toxic Substances Control Act of 1976 (TSCA) provides the EPA with needed authority to require reporting, record-keeping and testing requirements related to chemical exposures where risks or exposures of concern are found. The TSCA addresses the production, use, and disposal of multiple chemicals – including chemicals such as lead-based paint …
New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic components for consumer products. This contamination included the release of per- and polyfluoroalkyl substances (PFAS). The proposed settlement commits Solvay to: Pay for and …
The Environmental Protection Agency issued its final rule establishing biofuel volume requirements for 2023 to 2025 under the Renewable Fuel Standard (RFS) program on June 21. The Rule aims to reduce the United States’ reliance on foreign sources of oil by approximately 130,000 to 140,000 barrels of oil per day by requiring annual volumes of …
After a COVID-related dip, ethylene oxide (EtO) cannot seem to stay out of the news these days. Every week there is some EtO-related legal or technological development in the United States. And now the public is being encouraged to shape the oversight of EtO use and manufacture. Following a long pause in years-long and intense …
Refrigeration technology has come a long way since ancient Chinese cultures harvested ice from frozen lakes and desperately tried to keep them insulated in ice cellars more than a thousand years ago. The technology advanced through the subsequent centuries, culminating in an exponential explosion of growth over the last hundred years or so, with the …
Earlier this month, the U.S. Environmental Protection Agency announced a proposed regulation of perchloroethylene (PCE) under the Toxic Substances Control Act to protect public health. PCE, also known as perc and tetrachloroethylene, “is used for the production of fluorinated compounds; as a solvent for dry cleaning and vapor degreasing; in catalyst regeneration in petrochemical manufacturing; …
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators. While the centerpiece of the agreement is the two-year suspension of the debt ceiling, the FRA surprisingly includes significant environmental provisions. Specifically, the FRA …
Following up on our April 21 post, the UCLA Environmental Law Clinic recently filed an amicus brief in the California Restaurant Association v. Berkeley litigation, joining multiple other governmental and non-governmental organizations asking the Ninth Circuit to take another look at its April 17 decision. The Ninth Circuit’s decision effectively overturned a lower federal district …