Your Guide to Emerging Issues in Environmental Regulation and Litigation.
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 …
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 …
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 …
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 …
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 …
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 …
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 …
If ESG were merely a slogan on the proverbial gym wall, companies are about to be held accountable for their public promises of climate change and sustainability focused ambitions. Last month the Securities and Exchange Commission (SEC) proposed significant rule changes to the U.S. Securities Act of 1933 and SEC Act of 1934. If enacted, …
On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired power plants under the Clean Air Act. Various theories abound that the court could depend on to support …
A group of scientists recently unveiled new data from a study that showed plastic in participants’ blood. Out of 22 study participants, 17 contained plastic in their blood; that is 77% of the test group. Researchers examined blood samples from the healthy participants looking to detect plastics ranging in size between 700 and 500,000 nanometers. …