The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s announcement of final amendments to the air toxics standards for ethylene oxide (EtO) commercial sterilizers....more
A coalition of conservation groups filed a petition on Tuesday asking the California Fish and Game Commission to protect burrowing owl populations in five parts of the state including parts of the Bay Area and the Central...more
The U.S. Environmental Protection Agency (EPA) on Wednesday set tougher standards for emissions of fine particulate matter or “PM 2.5,” saying the new standards would save thousands of lives nationwide....more
Federal environmental regulators are taking action that eventually could transform the way motor vehicle tires are manufactured to reduce toxic runoff from 6PPD, a substance used in tire production that kills or harms some...more
Those of us on the east coast have heard that the Great Salt Lake has receded to the verge of a public health crisis, including because toxins in the sediment that have been underwater for millennia may soon may soon be...more
In the nation’s first appellate case on the issue, the Ninth Circuit Court of Appeals on Monday ruled that the City and County of San Francisco (City) must meet limits set by the U.S. Environmental Protection Agency for...more
The National Association of Clean Air Agencies (“NACAA”) submitted June 22nd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for Hazardous...more
On May 31, 2023, the EPA provided notice of a proposed consent decree in the case, California Communities Against Toxics (CCAT), et al. v. Regan, No. 1:22-cv-03724 (DDC), which revolves around the issue of ethylene oxide...more
Earlier this month, United States District Court Judge Stephen Wilson held that NL Industries was not liable under CERCLA for air emissions of lead because such emissions did not constitute “disposal” within the meaning of...more
As we approach the two-year mark, there are plenty of unfinished items on the President’s to-do list. One in particular that tends to escape the limelight is of crucial importance to implementing Biden’s policy priorities,...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more
On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more
The Environmental Protection Agency has added a new chemical to the list of Hazardous Air Pollutants (HAPs) for the first time since the list was created in 1990. The chemical, 1 bromopropane (1-BP), is used as a commercial...more
The EPA decision to add 1-Bromopropane (“1-BP”) to the list of Hazardous Air Pollutants (“HAP”) has implications that go beyond the addition of another chemical to the HAP list. Industry received a glimpse of how far the...more
On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their...more
California Air Resources Board Significantly Expands Air Emissions Reporting Requirements - On November 19, 2020, CARB amended its “Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants” (CTR)...more
Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more
In what has become a near legal certainty following plant explosions, train wrecks with chemical spills, and other large-scale accidents, plaintiffs often file suit and seek to certify personal injury and property damage...more
Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more
In a just-released air toxics rule for miscellaneous organic chemical manufacturing (“MON”) sources, the U.S. Environmental Protection Agency (“EPA”) retains its controversial risk value for ethylene oxide (“EtO”). In doing...more
A Note to Our Readers: Although the coronavirus and its many disruptions are dominating the news, we will continue to publish the California Environmental Law and Policy Update so long as there are newsworthy developments in...more