Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.” The National Science and Technology Council (NSTC) is the principal means by which the executive …
On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI “disparate impact” regulations within the state of Louisiana. Disparate impact assessments are typically undertaken by the federal government when determining harms …
The U.S. Environmental Protection Agency announced April 9 a set of final rules under sections 111 and 112 of the Clean Air Act (CAA) to significantly reduce toxic air pollution from more than 200 chemical plants in the United States. The plants affected make products such as synthetic organic chemicals, plastics, paints, synthetic fabrics, pesticides, …
The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization facilities that use ethylene oxide (EtO), a chemical to which long-term exposure can cause cancer or other serious injury. The EtO rulemaking process has engendered some criticism – most …
In recent years, the global concentration of methane present in the atmosphere has increased dramatically. In fact, in 2021, methane increased by almost 18 parts per billion in the atmosphere, the largest single year increase since the National Oceanic and Atmospheric Administration’s records began in 1984. Last year was no exception, as atmospheric methane increased …
Following the U.S. Environmental Protection Agency’s 2016 finding that ethylene oxide (EtO), a highly effective chemical routinely used to sterilize medical devices and equipment, was significantly more hazardous than previously understood, individuals and shareholders began filing lawsuits against various EtO-using entities throughout the United States with no end in sight. At the end of last …
A 2022 Interagency Sea Level Rise Technical Report, authored by various governmental agencies, found that global mean sea levels could rise between one and seven feet by 2100. This would me significant impacts to the more than 40 percent of Americans who live near coastal waters. Coastal flooding can have major impacts to infrastructure, such …
On the eve of Earth Day, the Biden Administration announced a new “White House Interagency Policy Committee (“IPC”) on Plastic Pollution and a Circular Economy.” The IPC is tasked with coordinating federal efforts on plastic pollution, prioritizing public health, economic development, environmental justice, and equity to ensure that the benefits of acting on plastic pollution …
The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’”(WOTUS) rule will become final on March 20. This latest iteration codifies the agencies’ pre-2015 approach to defining WOTUS and attempts to establish a bridge between the interpretations offered by the prior two administrations. In particular, the rule’s preamble …
The Environmental Protection Agency (“EPA”) accepted for investigation an administrative complaint filed against the Mississippi Department of Health (MDH) and the Mississippi Department of Environmental Quality (MDEQ) based on their role in the City of Jackson, Mississippi’s ongoing water crisis. This is an investigation opened by the EPA’s new Office of Environmental Justice and External Civil Rights (“OEJECR.”). The agency …