Tag:Environmental Protection Agency
EPA Finalizes Rule Requiring Reporting of “Forever Chemicals”
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule for manufactures of per- and polyfluoroalkyl substances (PFAS), which requires that these manufacturers provide information about what chemicals and the amount that they produce. Effective November 13, 2023, persons that manufacture, have manufactured, or have imported PFAS in any year since January 1, 2011, will now be required to report a wide range of information of PFAS including chemical identity and structure, uses, production volumes, exposures, by-products and health and environmental effects. EPA is taking this action not only to fulfill its obligations under the Toxic Substances Control Act (TSCA) Section 8(a)(7), but also to address this legacy pollution that has been, and continues to be, endangering people across the nation.
New Rule Proposed by the EPA to Clean Up Coal Waste in the Midwest
On May 18, 2023, the Environmental Protection Agency (EPA) proposed a new rule to address the concern of a previous loophole that allowed pits of coal ash to sit inactive and unmonitored. The new proposed rule was created in response to the August 21, 2018 opinion by the U.S. Court of Appeals for the District of Columbia Circuit in Utility Solid Waste Activities v. EPA.
The East Palestine Train Derailment
Earlier this month, an environmental disaster caused by a train derailment in a west Ohio town has resulted in close scrutiny from the Environmental Protection Agency (EPA). On February 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, resulting in a chemical spill of millions of liters of toxic liquids. Among the spill’s immediate effects were chemical leakage into local water supplies and air pollution originating from a controlled burn. The EPA has since stepped in to hold Norfolk Southern accountable for the clean-up, but unanswered compliance questions still remain.
Agency Officials Trade Stock in Companies their Agencies Oversee
More than 2,500 government officials ranging from the Commerce Department to the Treasury Department reported owning stock in companies whose share prices correspond to decisions made by their respective agencies. With obvious conflicts of interest arising, what has happened, and what are some major takeaways from this investigative report?
The Clock Continues to Tick for SEC Climate Proposal
Juhi Desai Associate Editor Loyola University Chicago School of Law, JD 2024 In March 2022, the U.S. Securities and Exchange Commission (SEC) released a 490-page proposal encouraging organizations to adopt climate-focused regulations. The policies could include climate disclosure requirements and an expense report detailing the effect climate change has on businesses. However, shortly after the …
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America Has a Problem: The Ever-Worsening Water Crisis Plaguing the Country
As the summer came to an end, headlines about thousands of residents losing access to water swept the nation. The news came first out of Jackson, Mississippi. But although the southern city’s complete loss of access to water dominated the new cycle, it was far from the only place dealing with this issue. A few days later, reports of boil water advisories in Baltimore and NYC hit the news cycle. Unfortunately, these are only the latest instances in a long string of issues with access to safe and clean drinking water across the country.
Environmental Groups Fight for Stronger Regulation of Ground-level Ozone Pollution
Daniel Bourgault Journal of Regulatory Compliance Applicant Loyola University of Chicago School of Law, JD 2022 On February 11, 2021, a host of environmental groups filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit challenging a final action of the Environmental Protection Agency (“EPA”) in regard to the review …
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The Clean Air Act: Private Groups Fill Regulatory Void – Sue to Hold EPA Accountable for Failure to Properly Regulate Dangerous Emissions
On October 13, 2020 Earthjustice filed a petition for review with the D.C. Circuit Court of Appeals on behalf of a coalition of environmental groups and scientists asserting that a Final Rule promulgated by the Environmental Protection Agency (“EPA”) failed to adequately regulate certain carcinogenic emissions as required by the Clean Air Act. The Miscellaneous Organic Chemical Manufacturing (“MON”) rule, effective as of August 12, 2020, regulates toxic emission of about 200 chemical plants which release dangerous carcinogens including ethylene oxide which have been shown to be contributing to cancer hotspots around the country. However, the petitioners contend that the final MON rule fails to properly regulate unacceptable levels of risk posed by ethylene oxide and the other carcinogens released by MON facilities.
Methane Emission Regulation Newest Proposed Target for EPA Rollbacks
On August 29, 2019, the Environmental Protection Agency (“the EPA”) announced a proposed reconsideration amendment to an Obama Administration rule regulating the natural gas industry’s methane emissions. This proposal is in response to President Trump’s order for federal agencies to review their actions, purportedly to remove potential resource burdens. The EPA asserts that the changes will remove regulatory duplication and save the industry millions of dollars, but the savings may come at the expense of increasing the planet’s vulnerability.
Changing Washington Water Quality Standards for Salmon Survival
The state of Washington is proposing new water quality regulations in an effort to encourage growth to the salmon population. The campaign against the dams in the Columbia and Snake river basins has been fought for decades and continually struggles to balance the environmental impacts with industry and energy. This regulation is the newest strategy to attempt to strike a balance between the environmental concerns and the industry concerns. Further, as more attention is given to the dwindling population of killer whales, many are calling this an emergency requiring immediate action. This action is a timely response to the recent calls to action.