Environmental Law Monitor

Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide certain climate-related information in future registration documents and annual reports (the “Final Rules”).

As SEC Chairman Gary Gensler said in a press release announcing the new disclosure rules, the Final Rules were meant to “reflect the Commission’s efforts to respond to investors’ demand for more consistent, comparable, and reliable information …

May 2, 2024 Emerging Issues / EPA

Posted by: Thomas S. Holmgren

Attorneys General from 23 States Petition to End EPA’s Use of Disparate Impact In Regulating Pollution

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition, the main signatory of which is Florida Attorney General Ashley Moody, comes on the heels of a decision in Louisiana v. EPA, No. 2:23-cv-692, 2024 WL 250798 (W.D. La. Jan. 23, 2024), where the EPA was enjoined from enforcing any Title VI based requirements on the state based on …

Stock of barrels with chemicals at an industrial plant

April 25, 2024 CERCLA / PFOA / PFOS

Posted by: Oliver E. TwaddellGeorge H. Buermann

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Now, EPA has made it final: the agency has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances (See Pre-Publication Notice).

EPA concluded that designation of those two substances is warranted “because both …

April 25, 2024 Regulations

Posted by: Rosie Badgett

New Federal Regulations Regarding Soot Create Challenges for States

Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics, and household refuse create soot – which is released from smokestacks, vehicle exhaust, wildfires, agricultural work and some forms of cooking. Soot is smaller in diameter than a human hair and is small enough to pass through human bloodstreams after inhalation.

This year, the Environmental Protection Agency implemented much more stringent standards …

April 18, 2024 Clean Air Act / EPA

Posted by: Daniel L. Klein

Big Wheel Keep on Turnin’, EPA Keep on Churnin’ Out Regulations

Stationary combustion turbines, often referred to as gas turbines, are used to generate high volumes of electricity at power stations, dams, and industrial centers. Despite their size, noise, and prodigious output, these engines are simple, with a design that dates, at least in concept, all the way back to 150 BC when a Greek inventor named “Hero” designed a ‘toy’ sitting on top of heated water, the gases of which caused the toy to spin.

This concept, compressing air and then injecting fuel and heat …

April 18, 2024 Emerging Issues

Posted by: Todd Thacker

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 1984 case Chevron U.S.A. Inc. v. National Resources Defense Council, largely deferred to government agencies’ interpretation of their governing statutes on the grounds that such agencies were best positioned to interpret those statutes. “Chevron deference” became a foundational framework for administrative law.

But in recent years, critics have argued that Chevron…

April 11, 2024 Emissions / EPA

Posted by: Sarah Mangelsdorf

EPA Finalizes New Rule Requiring More Than 200 Chemical Plants to Reduce Toxic Emissions

The U.S. Environmental Protection Agency announced April 9 a set of final rules under sections 111 and 112 of the Clean Air Act (CAA) to significantly reduce toxic air pollution from more than 200 chemical plants in the United States.

The plants affected make products such as synthetic organic chemicals, plastics, paints, synthetic fabrics, pesticides, petrochemical products, and various polymers and resins, including neoprene. The new rules strengthen protections for communities living near these industrial facilities, especially along the Gulf Coast, and it is anticipated …

April 11, 2024 California / Emissions

Posted by: Daniel L. Klein

Appeals Court Rules Californi-missions Standards Can Stay High

It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California government had shut down some refineries and smoke-stack power plants, but the smog persisted. Finally, chemists discovered that some of California’s most famous and hallowed assets were combining with California’s disproportionate share of gas-powered cars to create the problem; the ubiquitous ‘golden’ sunshine was reacting with the compounds …

Close-up of pumping unit in mountainous oil field

April 4, 2024 California

Posted by: Stephen L. Jenkins

New California Bill Aims to Restore Local Governments’ Ability to Limit or Ban Certain Oil and Gas Extractions

As reported to our readers in August 2023, the California Supreme Court in Chevron U.S.A., Inc. v. County of Monterey, (2023) Cal. LEXIS 4349, struck down a Monterey County initiative that would have banned oil and gas drilling and imposed stiff restrictions on oil and gas developments in the county. The decision brought an end to nearly 7 years of litigation concerning Chevron’s San Ardo Oil Field with its over 530 million in estimated ultimate recovery of oil is California’s eight-largest oil field.

A new …

March 28, 2024 Emerging Issues / Emissions / EPA

Posted by: Rosie Badgett

EPA Issues Final Emission Standards

The Environmental Protection Agency announced March 20 final national pollution standards applicable to cars, light-duty trucks, and medium-duty vehicles. These standards apply to vehicles manufactured beginning in 2027. The new standards will be phased in on vehicles manufactured until 2032.

The EPA estimates the new standards will avoid more than 7 million tons of carbon emissions. The standards also are estimated to provide over $100 billion in net benefits to society – including $62 billion in reduced fuel costs and $13 billion in public health …