Environmental Law Monitor

LATEST INSIGHTS

May 12, 2022 • Environmental Law Monitor, PFAS, PFOA, PFOS

Can Product Labels Be Used to Predict the Presence of PFAS? A New Study Says “Likely” for Stain- and Water-Resistant Marketed Products; Less Likely for “Green” Marketed Products

“How Well Do Product Labels Indicate the Presence of PFAS in Consumer Items Used by Children and Adolescents?” is the name of a new study published last week by the American Chemical Society, in Environmental Science & Technology. Focusing on children’s’ products, the study’s abstract states that because “product labels rarely list chemical additives, including …

Filling up a glass with drinking water from kitchen tap

May 12, 2022 • Clean Water Act, Environmental Law Monitor, EPA, PFAS

Recommending Federal Discharge Standards for PFAS in Aquatic Life

Known as “forever” chemicals, many PFAS compounds are found in the blood of people and animals all over the world. They also present at low levels in various food products and in the water, air, fish and soil in many areas. Many environmental advocates have called for the U.S. Environmental Protection Agency (EPA) to set …

May 5, 2022 • Clean Air Act, Climate Change, Colorado, Environmental Law Monitor, Maryland

Companies Face State Court Claims for Climate Damage After Circuit Courts Hold That Such Claims Are Not “Inherently Federal”

Federal appeals courts in Maryland and Colorado have sent lawsuits seeking to hold energy companies responsible for climate change back to state court even after the U.S. Supreme Court directed the Fourth Circuit to take a second look in the Maryland case. In Maryland, the City of Baltimore seeks millions of dollars in damages for, …

May 5, 2022 • Clean Air Act, Environmental Law Monitor, EPA

EPA Puts Ethanol Back in Play to Keep Gas Prices at Bay

On April 29, 2022, the U.S. Environmental Protection Agency officially suspended the ban on sales of gasoline blends with a higher concentration of ethanol. This suspension came two weeks after President Biden’s vow to lift the ban in order to counteract the increased gas prices attributed to Russia’s incursion into Ukraine. The suspension went into …

April 28, 2022 • California, Environmental Law Monitor, PFAS

There’s PFAS in my burger, my fries, my lipstick, and my underwear? How PFAS Litigation has become a game of Whack-A-Mole.

The world’s most recognizable food chains are under heightened scrutiny these days, not for the nutritional value of their products, but for their iconic food packaging. Just last month, a class action complaint filed in federal court in Illinois alleged a popular chain concealed from consumers the presence of PFAS in its food products. Weeks …

April 28, 2022 • Emerging Issues, Environmental Law Monitor, Legislation, President Biden, President Trump

A REVERSED REVERSAL OF NEPA RULES

Last week, through the Council on Environmental Quality’s (CEQ) publication of a final rule at the close of phase one of a two-phase rulemaking process, the Biden administration began its efforts to reverse the prior administration’s reworking of the implementation of the National Environmental Policy Act (NEPA). Originally signed into law by President Richard Nixon …

April 21, 2022 • Climate Change, Environmental Law Monitor, Legislation

What’s Required Under the SEC’s Proposed Climate-Related Disclosure Act

On Monday, March 21, the Securities and Exchange Commission proposed a new rule aimed at requiring public companies to disclose extensive climate-related data to not only the federal government, but also their shareholders. More specifically, the proposed rule, entitled The Enhancements and Standardization of Climate-Related Disclosures for Investors, would amend the SEC’s rules under the …

April 21, 2022 • Emerging Issues, Environmental Law Monitor

Study Finds Microplastics in Human Lung Tissue

Less than one month after the release of a study showing the discovery of microplastics in human blood, reported by the Environmental Law Monitor here, scientists have discovered microplastics in the lungs of living individuals. The study, out of Hull York Medical School in England and published in Science of the Total Environment, found 39 …

April 14, 2022 • Environmental Law Monitor, EPA, Groundwater Monitoring, New York, Water Contamination

Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane. Our blog has covered them here, here, here, and here. There is news on the settlement front. One of the primary …

April 14, 2022 • Clean Air Act, Environmental Law Monitor, EPA

The Ethanol Waiver for E15 Is Not a Reason to Fill Up

Although ethanol is one of the earliest biotechnologies, it wasn’t until the energy crisis of the 1970s that ethanol was widely used as an additive to gasoline. Back then, concerns about the price of fuel and the impact of leaded gas on the environment led to a search for less expensive and more environmentally friendly …