Close-up of exhaust fan on factory roof

EPA’s Final EtO Rule Finally Finalized

The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization facilities that use ethylene oxide (EtO), a chemical to which long-term exposure can cause cancer or other serious injury.

The EtO rulemaking process has engendered some criticism – most dramatically in lawsuits filed against the EPA by advocates representing neighbors of EtO facilities who claim the rulemaking process was too little too late (covered by ELM here). But …

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celandic Landscape of geothermal power plant

Some Like It Hot: Geothermal Energy May Become a Watershed Clean-Energy Source

Chevron is part of a group of old-school fossil-fuel companies investing hundreds of millions of dollars into geothermal-energy projects aiming to use fracking-type technology to find and access underground heat — heat that might very well become the world’s most-stable source of clean power. 

In sufficient quantities, underground heat can be used to generate a consistent source of carbon-free electricity, making it superior to both wind and solar power, both of which suffer from issues of unreliability.

While finding suitable heat sources in places with …

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New Zealand flag

New Zealand Supreme Court Allows Private Plaintiff’s Novel Climate Change Tort Claim to Go to Trial

The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra.

The decision marks what is seen as one of the first occasions where a court in common law recognized the possibility that private lawsuits can be used to challenge the greenhouse emissions of a privately held company.

In its unanimous decision, the New Zealand court overturned a lower court’s earlier decision …

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Stack of papers paperwork on office desk table. With copy space.

New SEC Climate Disclosure Mandate Faces Pushback

The U.S. Securities and Exchange Commission last week approved the implementation of standardized climate disclosure rules (posted here) for publicly traded companies and in public offerings. No longer can companies simply post potential risks on their websites or through emails; rather, they must now include them in official SEC filings such as annual reports and registration statements.

The overarching goal is intended to enhance transparency concerning how companies address environmental and climate threats. The SEC’s decision was also the result of investors’ demand for …

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Flames rise from the flare stack towers in South Africa

Minimizing Methane: New Studies Find Methane Emissions Significantly Higher than Previously Thought

A new report by the International Energy Agency, released on March 13, found that for the third year in a row, methane released by the fossil fuel industry rose to an almost record high in 2023. 

Methane emissions are a significant contributor to global warming, second only to carbon dioxide. Although methane is better at trapping heat into the atmosphere, trapping almost 80 times more heat than carbon dioxide over a two-decade period, it is relatively short-lived, making it an attractive way to more efficiently …

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Indiana Waving Flag

Will Industry Push Back Proactively on Potential PFAS-Use Restrictions?

Over the past seven years, our blog has reported extensively on PFAS developments, litigation, and regulations — most of which has focused on the attention surrounding potential risks associated with PFAS, and the scrutiny given to that chemical class by the U.S. Environmental Protection Agency.

Today we are providing a wrinkle seldom seen recently in the PFAS world: a proposed law that would protect PFAS uses.  

This week, state of Indiana senators chose to abandon a bill that reportedly would have excluded thousands of the …

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Low angle view of airplane flying against sky,Tallinn Airport,Estonia

FAA to Implement Final Rules for Most Large Aircraft to be Built

As part of the United States Aviation Climate Action Plan – which strives to achieve net zero greenhouse gas emissions for United States Aviation by 2050 – the Federal Aviation Administration announced earlier this month its final rules to reduce greenhouse gas emissions from most large aircraft in U.S. airspace. 

The new rules go into effect on April 16, and requires aircraft built after January 1, 2028 to incorporate more fuel efficient technologies. The rule applies to aircraft of certain sizes, regardless of the fuel …

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Close up of conveyor belt in bottling plant

Regulatory States: Further Limitations on PFAS-Containing Products Now in Effect

Right out of the gate in 2024, we’ve seen several states further regulate the sale of PFAS-containing products. On Jan. 1, a Connecticut statute took effect prohibiting the sale or promotion of any “food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount.” The law defines “food packaging” to mean “any package or packaging component that is applied to, or in direct contact with any food or beverage.”

Connecticut defines “intentionally introduced” to mean any “deliberately utiliz[ing] regulated metal …

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Smoke stacks at a power plant.

SCOTUS Poised to ‘Shove Thy Neighbor’ on EPA Law

In March 2023, the EPA issued its final Good Neighbor Plan, the last in a series of legislations designed to reduce emissions of ozone-forming nitrogen oxide (NO2) which cross state borders. Specifically, the Plan was intended to assist 23 identified states to maintain the EPA’s 2015 National Ambient Air Quality Standards (NAAQS) for smog (ground-level ozone) production into downwind states, by reducing NO2 from electric generating units and industrial plants. Smog, of course, has been identified for decades as a cause for whole gamut of respiratory …

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Crypto Currency Mining Rig

Feds Zero in on Energy-Guzzling Crypto Mining Giants

As closely monitored by ELM over the last couple of years, the expansion of cryptocurrency mining in the United States has resulted in the industry simply devouring the country’s energy resources (see here for general background on cryptocurrency mining effects on energy use, and here for an explainer on the federal government’s increased attention to crypto’s energy use).

Some analysts have concluded that the crypto mining industry releases between 25 and 50 million tons of CO2 annually – roughly the same amount as the U.S. …

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