Your Guide to Emerging Issues in Environmental Regulation and Litigation.
A year to the day from when President Joseph Biden announced a moratorium on federal leasing for oil and gas drilling just a week after his term began, a federal district court judge for the District of Columbia invalidated the largest oil and gas lease sale—for 2,700 square miles—in U.S. History. The lease, which fetched …
On Monday, January 24, 2022, the Supreme Court of the United States announced that it will clarify the governing standard for determining whether wetlands are “Waters of the United States” under the Clean Water Act in Sackett v. EPA. The court granted certiorari, limited to the following question: “Whether the Ninth Circuit set forth the …
On December 29, 2021, the U.S. District Court for the Western District of Washington held that, under the Clean Water Act, the EPA does not serve as a “mere bystander” in cases where states refuse to or cannot take action to implement water quality standards that protect aquatic life. See Northwest Envtl. Advocates v. United …
The U.S. Supreme Court dealt a significant setback to the ethanol industry on Monday, January 10, 2022, when it refused to review a ban stopping the Environmental Protection Agency (EPA) from allowing the year-round sale of a higher ethanol blend of gasoline. The sale of gasoline with 15% ethanol (E15) is generally banned in …
On December 23, 2021, New York Gov. Kathy Hochul signed a new amendment to the public health law that will create New York’s first emerging contaminants list, and expand the number of chemicals to be included—many of which are per- and polyfluorinated substances (PFAS). Some say this new law establishes New York as perhaps the …
Irony alert: that lithium battery powering up the laptop, smartphone, tablet, or smartwatch that is allowing you to view this article—which is likely the same breed of battery powering your digital camera, your teenager’s vape pen, your electric toothbrush, your father’s pacemaker, and your prized Tesla—though indeed a technological marvel, may also be contaminating your …
As 2021 came to a close and many Americans were setting their own standards and goals for 2022, the Environmental Protection Agency announced finalized revisions to national greenhouse gas emissions standards for passenger cars and light trucks. Overall, the new industry-wide average target will come out to roughly 40 miles per gallon by 2026. A …
As the sun sets on 2021, we wanted to take some time to wish all of our subscribers and their families a happy new year. The world of environmental law continues to evolve and we appreciate you dropping by this blog on a regular basis for emerging issues and up-to-date information. Environmental Law Monitor will return …
On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as …
Earlier this year the New York State Department of Environmental Conservation (NYSDEC) published proposed regulations relating to a statewide ban on the use of polystyrene foam (commonly known as Styrofoam) containers and loose fill packaging. With the comment period now closed, the polystyrene foam ban is set to go into effect on January 1, 2022. …