LATEST INSIGHTS

Various types of plastic trash on the grass. Plastic for recycling.
EPA / Plastic
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Pitching the Plastic: A Call to Reduce Plastic Pollution

On the eve of Earth Day, the Biden Administration announced a new “White House Interagency Policy Committee (“IPC”) on Plastic Pollution and a Circular Economy.” The IPC is tasked with coordinating federal efforts on plastic pollution, prioritizing public health, economic development, environmental justice, and equity to ensure that the benefits of acting on plastic pollution are available to all.

Alongside the IPC, the Environmental Protection Agency also released a draft “National Strategy to Prevent Plastic Pollution” for public comment, which seeks to eliminate the release …

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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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Justice Scales and books and wooden gavel
California / Emerging Issues
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New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley, California’s ban of natural gas infrastructure in newly constructed buildings.

Berkeley’s prohibition against natural gas was seen as the first city-level law aimed at forcing developers and building owners to switch to building all-electric new buildings. Berkeley’s Ordinance No. 7,672-N.S. was passed unanimously by Berkeley’s City Council in December 2019 …

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United States Environmental Protection Agency
Clean Air Act / EPA
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Highly Anticipated Proposed EtO Rules the EPA Just Announced: Were They Worth The Wait?

After years of delays – largely due to the COVID-19 pandemic – on April 11, 2023, the U.S. Environmental Protection Agency finally issued two proposals that would reduce ethylene oxide (EtO) emissions affecting fence-line communities neighboring EtO sterilization facilities and establish direct protections for facility employees likely to be regularly exposed to this sterilizing chemical. The proposals, which fall under the Clean Air Act (CAA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), are expected to dramatically reduce EtO emissions by a whopping 80% …

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coal power plant emissions
EPA / Wastewater
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The EPA Proposes New Wastewater Discharge Standards on Coal-Fired Power Plants

The Environmental Protection Agency announced on March 29, 2023 new proposed wastewater discharge standards to reduce discharges of toxic metals and other pollutants from coal-fired power plants. Steam electric power plants use heat to create steam that produces electricity. These plants use large amounts of water – approximately 133 billion gallons a day. This water is drawn from rivers, lakes, and estuaries. The plants use this water for various processes including cooling and generating steam. Over the last thirty years, new technologies have been developed …

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truck traffic
Automotive / California
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EPA Gives California Green Light to Hit the Brakes on Heavy Truck Emissions

California has been pushing hard recently to lose its status as the second-largest contributor of the nation’s greenhouse gases (still comfortably behind Texas.)

In 2020, the California Air Resources Board (“CARB”) enacted the Advanced Clean Trucks (“ACT”) rule, the world’s first zero-emissions commercial truck requirement. Specifically, ACT required large-capacity vehicle (truck) manufacturers to phase out gasoline and diesel trucks, which account for the largest single source of pollution in the world’s fifth-largest economy, by replacing them with ever-larger volumes of vehicles with zero emissions. By …

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crypto mining
Crypto / Emissions
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Crypto Mining Not Going Anywhere – Maybe Just Not How You Think

It has been a rough year for cryptocurrency mining. Just a year ago, the U.S. House of Representatives held a hearing addressing the environmental effects of cryptocurrency mining, with a particular focus on the process’s use of energy and resulting high rates of emissions (covered by ELM here), but with a noticeable bent of optimism and openness from the presiding representatives who ran the panel. Millennial U.S. Congressman Ritchie Torres of New York even went so far as to declare: “With a multi-billion-dollar market …

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detail of white smoke polluted sky
Climate Change / Emerging Issues
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How to Navigate the New 2022 Inflation Reduction Act Tracker Database

As reported in August 2022, the Inflation Reduction Act (“IRA”) is the United States’ largest (and most complex) commitment to investing in climate change to date. The 725-page law provides a number of clean-energy tax credits to qualifying companies and commits $370 billion in funds aimed at lowering energy costs and building up supply chains for everything from critical minerals to efficient electric appliances.

With so much information and different tax credit programs covered in the bill, it’s no wonder it was necessary to …

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drinking water
EPA / PFAS
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On the Heels of EPA’s Proposed Rule, New York State DEC Releases Final Ambient Water Quality Guidance Values for PFAS

Just two days after the U.S. Environmental Protection Agency issued its Notice of Proposed Rulemaking to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS), reported by ELM here, the New York State Department of Environmental Conservation released final ambient water quality guidance values for PFOA, PFOS, and 1,4-Dioxane in New York State waters.

In a March 15 press release the DEC said “[t]he finalized guidance values support the State’s ongoing efforts to protect public health and the environment and prevent …

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drinking water
EPA / PFAS
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EPA Brings Down The Hammer On PFAS: Proposed Drinking Water Regulations Push The Limit

Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. 

In keeping to its commitments in the PFAS Strategic Roadmap, the EPA took a significant step by proposing to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS) known to occur in drinking water: PFOA, PFOS, PFHxS, GenX Chemicals, PFNA, and PFBS.

“Through this proposed rule, EPA is leveraging the most recent science and building on existing state efforts …

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