Your Guide to Emerging Issues in Environmental Regulation and Litigation.
As reported in our blog back in June, the Environmental Protection Agency unveiled new drinking-water health advisories (HAs) for PFAS contaminants. Specifically, the advisories drastically reduced acceptable PFOA and PFOS water levels from 70 parts per trillion (set in 2016) down to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS. …
President Biden is reportedly contemplating the declaration of a “national climate emergency” (NCE). According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals. But what are these options, and what practical effect would they have? The most probable economic consequence of an NCE …
Anything that reduces fuel emissions has to be good for the environment, right? WRONG! The D.C. Circuit Court of Appeals is facing precisely this seeming anomaly, being asked by the Center for Biological Diversity (“CBD”) this past Wednesday to “review” (read: “halt” or “stop”) the Biden administration’s fuel blending standards, which they claim are a …
Just weeks after both houses of the New York State legislature finally passed an environmental-conservation moratorium on new cryptocurrency mining operations (as previously reported by ELM here: New York is Ready to Attack Crypto Mining), the Department of Environmental Conservation (NYSDEC) announced its long-awaited decision concerning the air permit renewal application by a former coal-fired …
In March, ELM posted on the burgeoning environmental conflict over plans to construct an open-pit lithium mine in Thacker Pass, Nevada — plans triggered by what has become a momentous shift away from an emissions-intensive, fossil-fuel based economy, to one powered by renewables. See: “Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium.” Precipitated …
A study conducted by the Vrije Universiteit Amsterdam, and commissioned by the Plastic Soup Foundation, has found that nearly 80 percent of meat and dairy products from farm animals contain microplastics. Released July 8, the study was conducted by the same group of researchers that found microplastics in human blood, reported by the Environmental Law …
California Gov. Gavin Newsom signed into law on June 30 a bill that aims to drastically cut single-use waste in the Golden State by shifting responsibility from consumers to the industry that produces it. The legislation, SB 54 — known also as ‘The Plastic Pollution Prevention and Packaging Producer Responsibility Act’ — will apply to …
As regular readers of this blog know, we have been keeping tabs on the Supreme Court’s review of West Virginia v. Environmental Protection Agency, a case addressing how broadly executive agencies can interpret the legislation authorizing their activities. Today, the Supreme Court issued its opinion on the matter, holding that the “major questions” doctrine precluded …
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — commonly known as “the Superfund” — was enacted in December 1980 in response to growing awareness of, and concern over, the catastrophic environmental impact of unregulated and largely unrestricted dumping of toxic waste into the ecosystems and communities around dump sites. Executed by the Environmental …
If you drink water, pay a water bill, or watch the news, you’ve undoubtedly heard or seen (but were likely unable to pronounce) the acronyms for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), two of the most recognized compounds within the family of per- and polyfluoroalkyl substances. Known as PFAS compounds, they were used …