Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On September 24, 2022, the Environmental Protection Agency announced the establishment of a new office dedicated to advancing civil rights and environmental justice. The Office of Environmental Justice and External Civil Rights (OEJECR) was created through the merger of three existing internal programs: the Office of Environmental Justice, the External Civil Rights Compliance Office, and …
Paraquat dichloride is a synthetic chemical compound that has been used as an active ingredient in herbicide products sold in the United States since the mid-1960s. One of the most commonly used herbicides in the U.S., it has been described as “a fast-acting, non-selective herbicide used in an array of agricultural and other settings” … …
On September 19, 2022, a Cook County (Illinois) jury awarded $363 million to 70-year-old plaintiff Susan Kamuda in the first of many lawsuits against industrial sterilization company Sterigenics. These lawsuits accuse the company of a reckless, decades-long pollution of Willowbrook, Illinois with ethylene oxide. The jury in this case went beyond the damages requested by …
The Delaware River Basin Commission (“DRBC”), the first government-and-state joint venture in river basin planning since the birth of the nation, itself, won a substantial—but narrow—victory on Friday when the 3rd Circuit ruled that individual state senators did not have standing to challenge the fracking ban in Northern PA inacted by DRBC in February of 2021. …
As previously reported in ELM, microplastics – plastic fragments smaller than 5 millimeters in length – have been found everywhere from Antarctica (https://www.goldbergsegalla.com/wp/emerging-issues/microplastics-found-for-the-first-time-in-freshly-fallen-snow/) to human lung tissue (https://www.goldbergsegalla.com/wp/emerging-issues/study-finds-microplastics-in-human-lung-tissue/) to, especially, bodies of water (https://www.goldbergsegalla.com/wp/emerging-issues/can-biofilm-engineering-be-used-to-address-microplastics-pollution/). This ubiquity has led to an increased number of studies and ever-improving sampling methods for the purposes of reversing the omnipresence …
While critics may say the federal government has been slow to react to PFAS, last week the EPA took its most aggressive stance — publishing its notice for a proposed federal rule to designate two specific PFAS compounds, PFOA and PFOS, as “hazardous substances” under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and now the clock is ticking. Found in surface water, air, soil, and even more recently food …
Despite California’s most recent, two-year legislative session ending on September 1 with a flurry of new bills aimed at fighting global warming getting passed, one noticeable bill failed to pass on the last day. Senator Scott Wiener’s S.B. 260, i.e., California’s Climate Corporate Accountability Act, died on the legislative floor by one vote. Co-authored by …
Friday of last week the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as CERCLA). The designations, if finalized, could have …
On July 28, 2022, the Environmental protection Agency (“EPA”) released its preliminary 2021 Toxics Release Inventory (“TRI”). The purpose of the TRI is to give the public critical information regarding chemical releases, waste management, and pollution prevention undertaken at both federal and industrial facilities in the United States. The TRI program was created by …
In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and urban air pollution. More specifically, Section 112r of what became the Clean Air Act Amendments of …