Author: Goldberg Segalla

Emerging Issues
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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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Clean Water Act
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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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Clean Water Act / EPA
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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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Emerging Issues
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Lithium-Ion Batteries; Too Good to be True?

Irony alert: that lithium battery powering up the laptop, smartphone, tablet, or smartwatch that is allowing you to view this article—which is likely the same breed of battery powering your digital camera, your teenager’s vape pen, your electric toothbrush, your father’s pacemaker, and your prized Tesla—though indeed a technological marvel, may also be contaminating your drinking water, eroding natural resources, and harming the environment in ways as copious as its innovative applications.

Truth be told, in a world consumed by climate crisis chatter and threatened …

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EPA / PFAS
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EPA Finalizes Fifth Unregulated Contaminant Monitoring Rule, Focusing on PFAS

On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as lithium, over a five-year period, with preliminary preparations beginning in 2022. According to the summary of the rule, published by the EPA, UCMR 5 “will provide new data critically needed …

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New York
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New York’s Statewide Ban on “Styrofoam” Starts January 1, 2022

Earlier this year the New York State Department of Environmental Conservation (NYSDEC) published proposed regulations relating to a statewide ban on the use of polystyrene foam (commonly known as Styrofoam) containers and loose fill packaging. With the comment period now closed, the polystyrene foam ban is set to go into effect on January 1, 2022.  

The ban will prohibit any person engaged in the business of selling or distributing prepared food or beverages for on- or off-site consumption from selling, offering for sale, or …

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EPA
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EPA Signs Proposed Rule to Revise Definition of “Waters of the United States”

In late November, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States” protected by the Clean Water Act (CWA). The proposal aims to put back into place the pre-2015 definition, with some amendments to ensure suitability for present day. This definition, of course, determines which of the nation’s waterways falls within the definition of the CWA—the federal law that regulates the discharge of pollutants into …

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General
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New ASTM Standard Released for Phase I Environmental Site Assessments

For nearly two years, a task force comprised of various environmental professionals has been working on revisions to the American Society for Testing and Materials (ASTM) International Phase I Environmental Site Assessment (Phase I) Standard E1527-13, which is used by prospective purchasers in real estate acquisitions in order to satisfy the All Appropriate Inquiries (AAI) requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Purchasers must meet the AAI requirements in order to establish the innocent landowner, contiguous property owner, or bona fide …

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Emerging Issues / Emissions
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The Renaissance of the Pistachio to Achieve Net Zero Carbon Emissions

So you thought pistachio was just an underrated ice cream flavor or the in-vogue topping to that savory encrusted salmon recipe trending on social media. Think again—pistachios (along with some other unexpected resources) have upped their culinary game and are helping to decarbonize the cement industry by serving as an alternate, carbon-free fuel source for industrial manufacturers. The cement industry may take the credit for tapping into this underutilized resource, more specifically the pistachio shell, to fuel its cement kilns. However, Turkey was first keen …

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EPA
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EPA Releases Final Toxicity Assessment for GenX Chemicals

On October 25, 2021, the U.S. Environmental Protection Agency released its final human health toxicity assessment for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt (referred to as “GenX chemicals”). HFPO dimer acid and its ammonium salt are the major chemicals associated with the processing aid technology developed by DuPont with the trade name GenX. GenX chemicals are part of the PFAS class, which replaced perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that are no longer used in the United States. However, the …

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