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EPA not Afraid of Changin’, Wants Landfills to Bring it (Methane Emission) Down

The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more

You Say You Want a (Heavily Subsidized) Revolution: New Clean-Fuel Tech could Provide Endless Green Mileage

Tech-savvy energy producers are currently looking for economically viable methods to create “green hydrogen” from water using renewable electricity. This technology, which can produce clean fuel for planes, ships, and trucks,...more

US EPA’s Proposed New Rule: An Assault on Batteries?

On June 5, the U.S. Environmental Protection Agency proposed limits on the use of N-Methylpyrrolidone (NMP), a solvent found in products such as arts and crafts supplies and paint remover. Manufacturers also use NMP during...more

Don’t you know that you’re toxic? EPA spears most uses of controversial solvent.

In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer...more

Chevron with the Wind? In What Might be a SCOTUS Preview, Federal Courts Chip Away at Expansive Regulatory Interpretations

Regulations — and executive agencies’ interpretation of those regulations — can make or break companies, and even entire industries.  For decades now, the judiciary’s approach to administrative review, found in the landmark...more

Some Like It Hot: Geothermal Energy May Become a Watershed Clean-Energy Source

Chevron is part of a group of old-school fossil-fuel companies investing hundreds of millions of dollars into geothermal-energy projects aiming to use fracking-type technology to find and access underground heat — heat that...more

Regulatory States: PFAS-containing products and further limitations take effect

Right out of the gate in 2024, we’ve seen several states further regulate the sale of PFAS-containing products. On Jan. 1, a Connecticut statute took effect prohibiting the sale or promotion of any “food package to which PFAS...more

CA Federal District Court Grants Dismissal In Favor of Personal Care Manufacturer in PFAS Misrepresentation Action

On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from...more

States Seek Smackdown of EPA’s Pollution Plan; Like a Good Neighbor, SCOTUS is There

In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce...more

California not just dreamin’ about expanding Prop. 65 product-notice requirements

If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional...more

CERCLA’n the Wagons: Even as it Seeks to Expand PFAS Regulations, EPA Will Not Enforce Rules Against Certain Groups

Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response,...more

Maine’s Difficulties Implementing its PFAS Law Could Foreshadow Similar Issues Nationwide

Maine recently delayed the January 2024 implementation of a first-of-its-kind law requiring manufacturers to disclose PFAS in products sold in the state, effectively banning PFAS in most such products by 2030.  Manufacturers...more

Montana Ruling May Preface Nationwide Increase in Judicial Environmental Mandates

In what could be the start of a national trend, a state court judge recently ruled that Montana’s government must do more to protect the state and its residents from climate change. State District Judge Kathy Seeley, citing a...more

Environmental Protection Agency Proposes New Air Emissions Reporting Requirements

The U.S. Environmental Protection Agency announced July 25 proposed updates to its Air Emissions Reporting Requirements (AERR), including a proposal to require the reporting of hazardous air pollutants, or “air toxics”...more

NJ PFAS Alert: Solvay Enters $393 Million Settlement with Garden State to Remediate Contamination

New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic...more

CWA Alert: Supreme Court Unanimously Rejects Executive Agencies’ Interpretation of the Clean Water Act

The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity —...more

California Looks to Expand Regulation of Microplastics and PPD Derivatives

California has begun the public process for a potential regulatory proposal expanding the list of chemicals that may be regulated under its Safer Consumer Products Program (SCP). The California Department of Toxic Substances...more

Court Denies Challenge to EPA Emissions Rule, Defers Due to Rule’s “Complex and Technical” Nature

Companies operating in Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia – whose operations involve the release of emissions — will need to...more

European Union Moves to Create Subsidy Regime to Counteract U.S. Clean-Tech Policies

The European Union plans to push back against the clean-tech tax breaks provided in the Inflation Reduction Act (IRA) by easing subsidy rules and creating a new source of money to help member states compete with the United...more

States Increasing Regulation of PFAS Products Heralds Increased Litigation

More and more state legislatures are looking to PFAS exposure as one of the main focuses of their new environmental regulations. As of this month, Maine banned the sale of residential carpets containing PFAS and became the...more

California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims...more

SEC on Cusp of Radically Expanding Emission-Disclosure Requirements

The Securities and Exchange Commission in March gave initial approval to the Enhancement and Standardization of Climate-Related Disclosures for Investors. These disclosures include three different categories...more

Politics Threaten Passage Of Wildfire Mitigation Bills

Lawmakers from both parties, in both houses of Congress, have proposed bills intended to speed up forest-management projects that reduce wildfire fuels, like brush and small trees, which can cause large-scale fires of the...more

First-of-its-kind Ethylene Oxide Verdict Awards Record Damages Against Defendant Sterigenics

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...more

New Law Provides Clean Energy Tax Credit Bonanza

The Inflation Reduction Act (IRA) that President Biden signed into law on August 16 ran, all told, about 725 pages. One of the more complex and—for businesses—interesting portions of this law involves its restructuring and...more

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