Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Fracking, or hydraulic fracturing, remains an ever-present topic on the national political stage when discussing climate change and energy sources. During the first week of March, two articles discussing the health effects of fracking in southwestern Pennsylvania were published, garnering significant media attention to the issue. On March 1, 2021, Environmental Health News released the …
The newly re-established White House Interagency Working Group (IWG) on social cost of greenhouse gases (SC-GHG) recently released interim estimates for the social cost of carbon (S-CO2), social cost of nitrous oxide (S-N20), and social cost of methane (S-CH4), collectively referred to as the SC-GHG, in accordance with President Biden’s directives set forth in one …
The door is now closed on conducting high volume hydraulic fracking in the Delaware River basin (DRB). On February 25, 2021, the Delaware River Basin Commission (DRBC) voted to finalize the temporary fracking ban they instituted in 2010 due to concerns over potential water pollution, which resulted from fracking wastewater. The DRBC was created in 1961 …
In early February, the Environmental Protection Agency (EPA) updated the Frequently Asked Questions (FAQs) regarding its audit policy program, which is officially called, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (Audit Policy). The purpose of the Audit Policy, originally effected in 1996, is to safeguard human health and the environment by, according …
Illinois has joined a growing list of states seeking to regulate per- and polyfluoroalkyl substances (PFAS) and compounds. On January 28, 2021, the Illinois Environmental Protection Agency announced four “health advisories” in accordance with the Illinois Part 620 groundwater regulations (35 Ill. Adm. Code Part 620). Specifically, the four PFAS compounds Illinois issued health advisories …
The U.S. Court of Appeals for the Ninth Circuit has declined to rehear the high-profile Juliana v. United States case, which has been followed by Environmental Law Monitor here, here, and here. Last January, the Ninth Circuit dismissed the case for lack of Article III standing, and last week, a little over a year after …
The battle surrounding the regulation of automobile emissions standards lost some steam last week after a number of major automakers withdrew their support of the Safer Affordable Fuel-Efficient (SAFE) Vehicles rule enacted by the Trump administration. Certain major car manufactures are looking to exit the federal litigation, in which automaker trade groups intervened on behalf …
In a new bid to stop the onslaught of climate-related crises, including successive, record-setting wildfire seasons, increased flooding, and paradoxically increased and more frequent droughts, the California legislature has seized on a new initiative: corporate accountability. Senate Bill 260, or “The Climate Corporate Accountability Act,” would apply to both publicly-traded and private corporations making more …
We recently wrote about the U.S. Environmental Protection Agency’s (EPA) supplemental analysis on consumer uses of 1,4-dioxane under the Toxic Substances Control Act (TSCA). Now the EPA has issued its final risk evaluation for the chemical, setting the stage for potential future regulation. 1,4-dioxane was selected in 2016 as one of the first 10 chemicals …
During the final days of the Trump administration, the U.S. Department of Justice’s Environment and Natural Resources Division (ENRD), which represents the Environmental Protection Agency (EPA) in environmental enforcement actions, issued a memorandum that summarizes new polices relating to Supplemental Environmental Projects (SEPs). SEPs are environmentally beneficial projects that settling parties had previously been allowed …