Author: Goldberg Segalla

blurred river
Clean Water Act
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House Eyes New Version of the Clean Water Act in Response to Recent U.S. Supreme Court Decision

In what has already been a major year for the Clean Water Act, there’s now another attempt to redefine its scope.

On October 17, the Clean Water Act of 2023 was introduced by ranking member of the House Committee on Transportation and Infrastructure Rick Larsen (D-WA), ranking member of the Subcommittee on Water Resources and Environment Grace Napolitano (D-CA), Rep. Don Beyer (D-VA), Rep. Melanie Stansbury (D-NM) and 114 House Democrats.

The proposed bill — H.R. 5983 — comes on the heels of the U.S. …

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Close up view of railroad, transport background
Ohio / President Biden
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Executive Order Aims to Increase Oversight of East Palestine, Ohio Train Derailment Response

Just before 9 p.m. ET on February 3, a 150-car, 9,000 foot long, Norfolk Southern freight train derailed in East Palestine, Ohio, a quarter mile west of the Ohio-Pennsylvania state line. Twenty of the affected cars contained hazardous materials, including vinyl chloride, ethylene glycol, ethylhexyl acrylate, butyl acrylate and isobutylene. Some cars caught fire, others spilled their loads into an adjacent ditch that feeds Sulphur Run, a stream that joins Leslie Run, which eventually empties into the Ohio River.

Since the derailment, the Federal government …

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Close up side shot of microplastics lay on people hand.Concept of water pollution and global warming.
Microplastics
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Latest Microplastics Finding: Human Heart Tissue

Microplastics have been detected in human lungs and placentas, stool and blood, and the latest finding: heart tissue. In a pilot study published in Environmental Science & Technology, researchers studied 15 patients, ranging in age from 41 to 75, who underwent heart surgery at the Beijing Anzhen Hospital in China. Through the use of laser-direct infrared chemical imaging, researchers discovered nine types of microplastics were found across five types of tissue, with the largest measuring 469 micrometers in diameter. These included polypropylene (used in food …

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"justice concept, selective focus on nearest part ,lens blur f/x"
Legislation / PFAS
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This Month in PFAS: June 2023

The month of June saw major developments related to per- and polyfluoroalkyl substances (PFAS) litigation and legislation at the state and federal level — particularly in massive settlements, proposed legislation, and the delay of the nation’s first state-level PFAS reporting requirements.

The month began with chemical companies DuPont, Chemours, and Corteva striking a deal worth more than $1.1 billion with water companies around the United States to settle drinking-water claims related to PFAS. The settlement was followed by an additional $10.3 billion settlement by 3M …

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White peeling paint wall
Emerging Issues / EPA
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EPA Proposes Stronger Lead Paint Standards

The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and communities from the harmful effects of exposure to dust generated from lead paint…” The agency estimates that the rule, if finalized, could “reduce the lead exposures of approximately 250,000 to 500,000 children under age six per year,” in furtherance of the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Effects — …

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Emerging Issues / Regulations
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EPA Announces Proposed Perchloroethylene Regulation under the Toxic Substances Control Act

Earlier this month, the U.S. Environmental Protection Agency announced a proposed regulation of perchloroethylene (PCE) under the Toxic Substances Control Act to protect public health.  

PCE, also known as perc and tetrachloroethylene, “is used for the production of fluorinated compounds; as a solvent for dry cleaning and vapor degreasing; in catalyst regeneration in petrochemical manufacturing; and in a variety of commercial and consumer applications such as adhesives, paints and coatings, aerosol degreasers, brake cleaners, aerosol lubricants, sealants, stone polish, stainless steel polish, and wipe cleaners.” …

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Emerging Issues / NEPA / Pipeline
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The Environmental Impacts of the Debt Deal

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators. While the centerpiece of the agreement is the two-year suspension of the debt ceiling, the FRA surprisingly includes significant environmental provisions. Specifically, the FRA amends the National Environmental Policy Act (NEPA) and expedites completion of the controversial Mountain Valley Pipeline.  

The most significant NEPA amendments relate to Environmental Impact Statements (EIS), Environmental Assessments (EA), …

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Round droplets of water over the circles on the water. Ripples on sea texture. Closeup water rings
WOTUS
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No Resolution in Sight for WOTUS Definition

The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every conceivable angle. Implementation of the rule has already been halted in 24 states, the rule is facing disruption by the U.S. Supreme Court, and the Legislative Branch sought to rescind the rule altogether.

As Sarah Mangelsdorf highlighted in her March 2, 2023 Environmental Law Monitor post, New Year, New WOTUS: Is …

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Recycle waste management
Microplastics
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Could Plastic Recycling Facilities Be Contributing to the Microplastics Pollution Problem?

Earlier this month, a team of researchers out of the UK, Canada, and New Zealand published a first-of-its-kind study in the peer-reviewed Journal of Hazardous Material Advances, examining the microplastics pollution potential for plastic recycling facilities. The study found that the recycling process, even with plastic pollution mitigation and high removal efficiencies, might potentially discharge tons of microplastics into waterways.

The purpose of the study was to identify if the state-of-the-art unnamed UK plastic recycling facility (PRF) subject to the study discharged microplastics into …

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Flag of the US State of New Jersey
New Jersey / Regulations
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New Jersey Governor Announces Nation’s First Environmental Justice Regulations

On April 17, the first day of Earth Week, New Jersey Gov. Phil Murphy announced the final adoption of regulations to implement the state’s Environmental Justice Law. According to the Office of the Governor, the Environmental Justice Law and corresponding regulation is the “first in the nation aimed at reducing pollution in historically overburdened communities and communities of color that have been subjected to a disproportionately high number of environmental and public health issues.”

As previously reported by ELM here, Gov. Murphy signed the …

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