Tag:environmental regulation
The Future of Clean Water Act Regulations Under the Future Trump Administration
A second Trump administration is sure to challenge a variety of clean water and drinking water regulations, as evidenced by various policies proposed by the Heritage Foundation’s Project 2025. President-elect Donald Trump has distanced himself politically from the project but it remains relevant as he continues to surround himself with many of its authors. Many water lawyers and environmental advocates thus expect a second Trump administration to continue the federal water deregulation efforts seen in his first administration. Specifically, President-elect Trump will likely challenge and potentially repeal both the Biden Administration’s “waters of the US” (WOTUS) rule and its Section 401 state certification rule. These moves are likely to be compounded by other ecological regulation rollbacks and further exacerbate an already worsening climate crisis in the United States.
Clearing the Air: The Need for Federal Limits on Private Jet Usage
As the planet grapples with the alarming effects of climate change, a glaring disparity emerges: while everyday Americans are held accountable for their environmental impact, the ultra-wealthy continue to fly under the radar in their private jets. This contradiction highlights the urgent need for change in the approach to private air travel and its contribution to global warming. If society truly cares about the planet’s future, regulatory bodies need to stop turning a blind eye and hold those who are contributing to the same standard.
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.
Melting Point: SEC’s Climate Disclosure Rule and Scope 3 Emissions
With every wildfire, catastrophic storm, and record-breaking heat, climate change is at our front doors. But what can help mitigate some of these effects? Regulations. Holding big polluters responsible for their carbon emissions is a crucial way to mitigate the effects of carbon emissions. Although many big companies voluntarily disclose some of their climate data, the pressure can come from investors, not the government. In an effort to enhance and standardize public companies’ climate data, the Securities and Exchange Commission (SEC) proposed a controversial Climate-Disclosure Rule in April 2022.
Generation Green: Young Activists Pave the Way for Environmental Justice in America
From blizzards striking California to wildfires ravaging Hawai’i and extreme heatwaves scorching Illinois, our world is witnessing a cascade of unexpected and alarming events. But, these are not merely isolated incidents; they are the very manifestations that climate change experts have long warned us about. While global awareness of the need for action grows, the United States continues to lag. Notwithstanding the recent unveiling of the American Climate Corps by the Biden Administration, environmental policies across the country face resistance from courts and legislators, leading to the emergence of the ‘Green Scare’ movement. In this context, an unexpected trend has materialized—the younger generation is fighting back.
Off the Rails: the Norfolk Southern Train Derailment and its Aftermath
On February 3, 2023, Ohio was suddenly and unexpectedly rocked by an accident whose long-term consequences are still unfolding. A Norfolk Southern-operated freight train carrying toxic chemicals derailed in the village of East Palestine. This accident, which poses severe threats to the environment and safety of the local community, has raised significant concerns about the environmental implications of train accidents and the safety of transporting hazardous materials through residential areas.
On the Brink of Dead Pool: The Colorado River at Risk
The Colorado River provides water to seven U.S. states and has been experiencing drought since 2000. Tensions are now rising among the seven states that depend on water from this river. At the request of the Bureau of Reclamation, states were supposed to reach an agreement for how to limit their water usage by January 31, 2023. However, as of February 14, 2023, no such agreement has been met.
Clean Trucks Plan: How Reducing Emissions Impacts the Nation’s Commercial Vehicles
The EPA is expected to introduce tougher heavy duty emissions rules in 2023 as part of the Clean Trucks Plan with the intent to inhibit a significant reduction in greenhouse gas emissions. The quicker these changes in the greenhouse gas rules are made, the better for the environment and the future of the efficiency of transportation. The application of these regulations will lead to more efficient transmissions across the country as it impacts a large variety of important vehicles.
New Incentives from the DOJ to Urge Companies to Self-Report Crimes
In an action meant to incentive companies to self-report their wrongdoings, the Justice Department (DOJ), has announced big changes to its Corporate Enforcement Policy (CEP). The Department of Justice has long been fighting against corporate criminality in its pursuit to maintain the integrity of the financial market. On January 17, Assistant Attorney General Kenneth A. Polite, Jr., announced revisions to the Criminal Division’s Corporate Enforcement Policy. Some of the revisions include up to a 75 percent reduction in fines for companies that voluntarily report their wrongdoings and fully cooperate with investigations and up to a 50 percent reduction for companies that fully cooperate with investigations even if they do not voluntarily disclose the crime. These incentives further soften the aggressive stance that the Biden administration originally took against Corporate America in 2021.
Fighting the Climate Crisis and Public Health Problems: A Step in the Right Direction
On December 20, 2022, the Environmental Protection Agency (EPA) finalized a regulation that will require heavy-duty trucks and vehicles to adopt new, more stringent standards in order to reduce smog and pollution. The EPA implemented this measure as part of its Clean Trucks Plan, a three-year plan, created to reduce emissions from heavy-duty vehicles, in hopes of addressing the climate crisis and improving public health. The new standards set by this regulation are stronger than the current ones by more than 80%. Nonetheless, many are disappointed that the regulation is not as stringent as they had hoped for.