INSIDE COMPLIANCE

On February 21, 2024, the Environmental Protection Agency (EPA) argued in front of the U.S. Supreme Court, attempting to continue regulation of the “Good Neighbor” rule in eleven states. The EPA announced the final “Good Neighbor Plan” on March 15, 2023. The “Good Neighbor Plan” established under the Clean Air Act (CAA) aims at reducing emissions from upwind states that cause pollution in downwind states.

Amanda Lane Associate Editor Loyola University Chicago School of Law, JD 2025 The Securities and Exchange Commission (SEC) released its final Climate Disclosure Rule on March 6, 2024. As discussed in my last article, the proposed Climate Disclosure Rule would have required climate disclosures of publicly traded companies in three distinct categories. The first category, referred to …
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On December 2, 2023, the Environmental Protection Agency (EPA) issued a new rule aimed at reducing methane and emissions from other pollutants. The rule contains Emissions Guidelines to aid states in setting plans limiting methane production in their territory. The rule also enumerates New Source Performance Standards aimed at reducing the prevalence of methane from new sources.

Amanda Lane Associate Editor Loyola University Chicago School of Law, JD 2025 The U.S. Environmental Protection Agency (EPA) issued a proposed rule in March of 2022 mandating that publicly-traded companies report their levels of greenhouse gas (GHG) emissions and strategies for reducing climate risk on their Form 10-K, a form used to report annual financial performance. The response …
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The use of artificial intelligence (AI) has been quickly evolving over the past few years, satisfying unexpected needs and allowing for innovative solutions to different problems. More recently, environmental organizations are increasingly interested in potential AI solutions for environmental issues. AI has the potential to streamline regulatory compliance in the environmental context by switching the approach of environmental regulation from responding to current problems into prevention of future problems through data analysis, predictive analysis, and easier reporting procedures for violations of environmental regulation.

EPA Re-Defines “Waterways” in New Rule Following Sackett v. EPA Amanda Lane Associate Editor Loyola University Chicago School of Law, JD 2025 The U.S. Environmental Protection Agency (EPA) and Department of the Army (together, Agencies) issued an amended final rule in August of 2023 revising the definition of “waters of the United States” following the …
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The effects of climate change and environmental degradation are more apparent than ever, with experts predicting that 2024 will possibly be the hottest year on record. Although significant progress remains to be seen, meaningful efforts like the passage of the Inflation Reduction Act in 2022 cannot be understated. Still, much more is necessary if the world plans to stay within the 1.5°C threshold, which experts predict will be surpassed by the 2030s. Recognizing the need for urgent, dramatic action, the Environmental Protection Agency (EPA) proposed new standards that would impose dramatic emissions limits on new vehicles produced beginning in 2027. The rule includes a “phase-in” period, allowing some flexibility for vehicle manufacturers to comply with the proposed standards, giving them five years to make the necessary adjustments. This ambitious plan aligns with President Biden’s Executive Order 14037, which sets forth the Administration’s priorities in promoting zero-emissions vehicles. The EPA specifically emphasized the Executive Order’s goal of having “50 percent of U.S. new vehicle sales to be zero-emission vehicles by 2030.” Given that passenger vehicles make up an estimated 17% of total U.S. greenhouse gas emissions, with transportation being the “single largest source of greenhouse gas emissions in the United States,” the goal is admirable. However, achieving this transition to electric vehicles raises deep concerns related to deep seabed mining, the process of extracting critical minerals for batteries from the ocean floor.

On January 20, 2021, his first day in office, President Biden passed Executive Order 13990, directing all executive departments and agencies to “immediately review” existing regulations, orders, policies, etc. that were “promulgated, issued, or adopted” by the previous administration between January 20, 2017 and January 20, 2021 and identify those that are or may be inconsistent with “important national objectives” regarding protecting public health, the environment, and restoring science. The order further directs agency heads to review such policies and consider whether to take any agency actions to fully restore and enforce important national objectives. A key focus of this order was to strengthen and fully enforce the Endangered Species Act, emphasizing the importance of conservation efforts and wildlife protection.

Under the Safe Drinking Water Act, the Environmental Protection Agency (EPA) has the authority to regulate drinking water contaminants and require monitoring of public water systems. On March 14, 2023, the EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for a new federal standard to regulate PFAS in drinking water. PFAS are synthetic chemicals that can repel oil, water, and stains, which makes them useful for many products and industries. While there are currently state laws regulating PFAS in drinking water, the federal rule would be a huge step towards reducing exposure to these “forever chemicals” and preventing harm to public health. 

The food industry is crucial for ensuring food security and plays a significant role in the global economy. Yet, its environmental footprint often exacerbates the ecological crisis, nudging regulators and stakeholders towards more sustainable practices. Exploring the connection between sustainability initiatives and environmental regulations in the food industry unveils a complex narrative overflowing with progress and challenges.