LATEST INSIGHTS

Scientist with beaker
PFAS
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National Science and Technology Council’s PFAS R&D Strategy Plan Highlights Substantial Deficiencies

Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.”

The National Science and Technology Council (NSTC) is the principal means by which the executive branch coordinates science and technology policy across the diverse entities that make up the federal research and development (R&D) enterprise. Through the National Defense Authorization Act (NDAA) for …

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Flag of the US State of Louisiana
EPA / Louisiana
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EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI “disparate impact” regulations within the state of Louisiana. Disparate impact assessments are typically undertaken by the federal government when determining harms to communities significantly impacted – typically lower-income communities and communities of color – by large governmental projects and industrial or commercial permitting changes. Disparate impact assessments have been prioritized by …

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Servers. Servers room data center. Backup, mining, hosting, mainframe, farm and computer rack with storage information. 3d rendering
Clean Power
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Big Tech’s Investment in Geothermal Energy Continues to Heat Up

On August 26, Sage Geosystems announced an agreement to supply Meta with 150 MW of geothermal power. Sage will use its proprietary Geopressured Geothermal System (GGS) to provide carbon-free power for Meta’s data centers. This makes Meta the latest tech giant to invest in geothermal energy.  In June 2024, Google negotiated a similar deal with NV Energy for 115 MW of geothermal energy to help Google power its Nevada data center.

Data centers typically require ever increasing amounts of energy around the clock, which alternate …

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Pipe line
Pipeline
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Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the Transcontinental (Transco) Gas Pipe Line Company Regional Energy Access Expansion Project.

The roughly $950 million gas pipeline project involves the construction and operation of over 36 miles of new natural gas pipeline facilities built by a Williams Co. subsidiary. In addition to the pipeline, the project called for the …

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Tractor spraying crops
EPA
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For the First Time in Four Decades, EPA Uses Emergency Suspension Power on a Pesticide

On August 6, the Environmental Protection Agency issued an Emergency Order directing the suspension of all registrations issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (DCPA), also marketed under the trade name Dacthal. According to EPA, this is the “first time in almost 40 years that EPA is using its emergency suspension authority to stop the use of a pesticide.”

DCPA is a benzoic acid herbicide that inhibits cell division of root tips in …

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close-up view of water flowing from tap into glass
EPA / SDWA
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EPA Seeks Input from Small Businesses on Proposed Regulations for Drinking Water

Opportunity knocks for water treatment entities to provide their input on new regulations about to be rolled out by EPA that could either boost or harm their businesses. The Regulatory Flexibility Act requires EPA to establish a panel, including small businesses that may be economically impacted before any revisions to regulations become effective. But beware, the deadline only provides one week to apply.

The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency to conduct a review every six years covering the existing …

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Red and white molecules
Emerging Issues
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The Devil You Know… is not TFA (yet)

Through the modern industrial age, there’s always been a push-and-pull between the utility of our innovations and the risks they often inadvertently create. In the 70’s, we discovered the synthetic pesticide that was so effectively combating typhus and malaria, DDT, was causing breast cancer and impairing neurological development in babies. In the 80’s and 90’s, the CFCs that we used as aerosol propellants and refrigerant turned out to be damaging to the ozone layer.

Recently, it’s gotten more complicated: We still enjoy the increased power …

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Landfill with blue sky and cumulus clouds
Clean Air Act / EPA
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EPA not Afraid of Changin’, Wants Landfills to Bring it (Methane Emission) Down

The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions. 

The rule follows another Clean Air Act-related proposal the EPA issued in January, designed to reduce emissions of nine pollutants, including smog- and soot-forming sulfur dioxide and nitrogen oxides by approximately 14,000 tons per year at MSW incinerators, as found here.

The EPA expects landfill operators to achieve these standards …

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Hazy morning pollution and dusty smoke and smog atmosphere in Bangkok
EPA
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In Aftermath of Supreme Court Decisions in Ohio and Loper, EPA’s Defense of ‘Good Neighbor Plan’ Persists

The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here).   

Then, on June 27, the Supreme Court in Ohio v. EPA (Ohio) issued a 5-4 opinion granting a temporary stay of EPA’s implementation of its Good Neighbor Plan (see ELM’s recent coverage of Ohio v. EPA here). However, in another landmark 5-4 decision that same day, the Supreme …

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Yellow school buses parked diagonally
Microplastics
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August Means Back-to-[Microplastics] School

Plastics are inescapable. They are used in packaging, home supplies, medical devices, and countless other items. Naturally then, over the past several years, and as covered by ELM and GS’s Toxic Tort and Environmental Law team, microplastics have gained notoriety in the United States. These small fragments of plastic, smaller five millimeters, have increasingly been released into the environment — often into bodies of water — via production, use, or degradation. Microplastics have also been found in aquatic life and human organs.

Reflecting …

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