SCOTUS to Decide Whether Congress or the EPA has the Power to Regulate Carbon Emissions – Part II

On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired power plants under the Clean Air Act. 

Various theories abound that the court could depend on to support its decision, which could have significant reverberating impacts.  Among the possibilities, from the most earth-shattering to the least are: (1) the non-delegation doctrine; (2) the major question doctrine; (3) statutory …

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Vampires Beware: Microplastics in Human Blood

A group of scientists recently unveiled new data from a study that showed plastic in participants’ blood. Out of 22 study participants, 17 contained plastic in their blood; that is 77% of the test group.

Researchers examined blood samples from the healthy participants looking to detect plastics ranging in size between 700 and 500,000 nanometers. For perspective, 700 nm is approximately 140 times smaller than the width of a human strand of hair. The most widely detected plastic found in half of the tested blood …

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The Department of Energy Releases a Groundbreaking Strategy to Protect America’s Clean Energy Supply Chain

Hoping to one day overtake Norway as the world’s largest clean energy producer and to join the small group of countries who have achieved net zero greenhouse gas emissions, the U.S. has set some ambitious goals for itself. In fact, the United States has committed to achieving 100% clean electricity production by 2035 and attaining net zero gas emissions by 2050. From where it ranks currently in both these categories, meeting these lofty goals will require not only a sizeable investment in clean energy technologies …

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European Union’s Lilial Ban Puts Social Media Microscope on U.S. Products Containing the Chemical Compound

Lilial, the trade name of a chemical compound commonly used as a perfume in cosmetics, shampoos, and cleaning products, which is known by its longer name butylphenyl methylpropional, has been banned in personal care products in the European Union as of March 1, 2022. And while the ban was announced nearly two years ago, the March 1deadline has garnered significant attention, prompting social media users to call attention products produced in the United States that contain the ingredient.

By way of background, in August 2020, …

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Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium

Thanks to the streaming mega hit Yellowstone, and perhaps Kim and Kanye’s brief stint in Wyoming, the West is no longer reserved for John Wayne wanna-bes and would-be snowboarders or adventurers looking to escape metropolis. In fact, our western states, historically rural and rugged, have attracted what some would consider too much attention, drawing not just the tourism of city slickers, but also the attention of big industry. While some westerners welcome industrial development and the resulting increase in job opportunities, many today are concerned …

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New Legislation Poised to Bolster Growing Electric Vehicle Network

Love ‘em or hate ‘em, electric vehicles (EVs) are not going anywhere.

While currently expected to account for only 5.4% of all new car sales in the U.S. in 2022, some analysts project this percentage will jump to almost 30% by 2030. Recent federal legislation aims to address this ever-expanding demand for a larger, more reliable EV network. On November 15, 2021, Congress enacted, and President Biden signed into law, the Infrastructure Investment and Jobs Act (IIJA).

While the $1.2 trillion IJJA certainly offers …

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California Court Hears Plaintiff’s Expert Testimony in Bellwether Baby Food Toxic Metals Case

On February 3, 2022 a Los Angeles County, California judge concluded an early evidentiary hearing centered on the opinions from four of the plaintiff’s experts in one of the nation’s first lawsuits over baby food allegedly contaminated with toxic metals. In what is known in California as a Sargon hearing, the defendants asked the court to evaluate “whether reliable scientific evidence exists that lead, arsenic, and/or mercury (the “heavy metals”) can cause autism spectrum disorder (ASD), and whether lead can cause attention deficit hyperactivity disorder …

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Microplastics Suits on the Uptick

* This article is a follow-up to our October 2021 post “No Asylum from Microplastics: How Recent Studies May Spark a Flood of Environmental Litigation.”

It was inevitable. As soon as the media mentioned that microplastics were found in babies’ fecal matter—our most innocent demographic—the proverbial gloves came off, and now plastics manufacturers are in the arena sustaining blows from all angles.

Backstory

Truth bomb: It is estimated that the once esteemed and widespread use of plastics in manufacturing, dating back …

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SCOTUS to Clarify Controlling Test for Wetlands under Clean Water Act

On Monday, January 24, 2022, the Supreme Court of the United States announced that it will clarify the governing standard for determining whether wetlands are “Waters of the United States” under the Clean Water Act in Sackett v. EPA. The court granted certiorari, limited to the following question: “Whether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act, 33 U.S.C. §1362(7).”

The Sackett case involves an Idaho couple who purchased …

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U.S. EPA Cannot Serve as Mere Bystander under the Clean Water Act

On December 29, 2021, the U.S. District Court for the Western District of Washington held that, under the Clean Water Act, the EPA does not serve as a “mere bystander” in cases where states refuse to or cannot take action to implement water quality standards that protect aquatic life. See Northwest Envtl. Advocates v. United States EPA (2021) U.S. Dist. LEXIS 247673. For many years, the courts have held that while the states have primary responsibility under the Clean Water Act, the EPA itself must …

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