Author: Goldberg Segalla

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California
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California Air Resources Board Receives Legal Challenge to the State’s New Climate Disclosure Laws

Last week, the California Air Resources Board (CARB) was named as a defendant in a new U.S. District Court, Central District of California lawsuit challenging California’s two new climate disclosure and financial reporting laws introduced late in 2023 — Senate bills SB 253 and SB 261.

The case is Chamber of Com. Of the U.S. v. Calif. Air. Res. Bd., C.D. Cal., No. 2:24-cv-00801, complaint 1/30/20. The basis for plaintiffs’ lawsuit claims the two new laws unconstitutionally require disclosure by qualifying public and privately held …

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Net full of salmon being hauled onto purse seiner
Emerging Issues
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The Fishing Case that Could Put the Chevron Doctrine Out to Sea

On January 17, the U.S. Supreme Court heard oral argument in Loper Bright Enterprises v. Raimondo, No. 22-451, an environmental-law dispute concerning fishery management in federal waters.       

The case reached the court via a petition of four commercial fishing companies challenging a federal fisheries regulation, the Magnuson-Stevens Act, which provides that the National Marine Fisheries Service can require private vessels to “carry” federal observers onboard to allow for the enforcement of the agency’s regulations (federally-prescribed fishing “catch” limits being the most …

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Wastewater
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Anyone Want Some Wastewater to Drink?

Last month, the California State Water Resources Control Board (SWRCB) unanimously approved regulations to allow water systems throughout California to develop treatment protocols to quickly convert wastewater into drinking water. This process is known as direct potable reuse and should allow municipalities to generate a climate resilient water source while reducing the amount of wastewater that is discharged into California’s rivers and oceans. Recycled water is also a more reliable source of drinking water than imported water or stormwater sources – the availability of which …

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Supermarket aisle with merchandise and no people
PFAS
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CA Federal District Court Grants Dismissal to Manufacturer in PFAS Complaint

On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from the products at issue.

The Lowe plaintiffs brought their actions against two different tampon product lines, claiming that the presence of “per and polyfluoroalkyl substances (PFAS) rendered the manufacturer’s various representations about the products false and misleading.” The plaintiffs alleged that “independent third-party testing” confirmed the presence of PFAS in the tampons …

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Money roll and judges hammer on wooden table
Regulations
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Environmental and Transportation Regulation Violators Should Expect to Pay More in Civil Penalties in 2024

Both the Department of Transportation and Environmental Protection Agency finished 2023 by issuing new rules that increase the maximum civil penalties for violating certain regulations. For the EPA, those regulations include the Clean Air Act, the Clean Water Act, and Toxic Substances Control Act. For the DOT, the maximum civil penalty increases affect regulations contained within, among others, the National Highway Traffic Safety Administration, the Hazardous Materials Regulations, and the Corporate Average Fuel Economy standards.

For a little background as to why this is happening, …

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Oil field with rigs and pumps at sunset. World Oil Industry
Climate Change
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Supreme Court Denies Petition for Certiorari in Minnesota’s Climate Case Against Petroleum Leaders

In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an industry association) — on behalf of the State of Minnesota, alleging that the defendants knowingly engaged in a “decades-long campaign of deception about the fossil fuel industry’s actual contributions to, and true costs of, climate change.”  The lawsuit includes claims for fraud, failure to warn, and multiple separate violations of state …

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emissions
EPA
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Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement – as part of its State Implementation Plan – regulations that will reduce emissions, which prevent downward states from attaining or maintaining National Ambient Air Quality Standards. The Act further requires the EPA to backstop any state actions that it does not approve or to develop Federal Implementation Plans …

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EPA
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States Seek Smackdown of EPA’s Pollution Plan; Like a Good Neighbor, SCOTUS is There

In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce cross-state pollution. The court will focus on whether the Plan unreasonably limits emissions and whether the EPA properly disapproved of alternative state emission-reduction plans.

Opponents argue that the Plan arrogates the states’ authority to control emissions and air pollution. They also assert that its unworkable, confusing emissions standards will force them to …

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Climate Change
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COP28 Starts Out with a Bang by Creating a Fund Aimed at Helping Vulnerable Countries

On the first day of the two-week United Nations Climate Change Conference of the Parties, more commonly referred to as COP28, delegates reached a landmark agreement to formerly create a Loss and Damage Fund, a rescue and rehabilitation effort to support especially vulnerable countries dealing with the irreversible and costly effects of climate change.

First suggested in 1991 by the small island nation of Vanuatu, the fund is aimed at encouraging the wealthy and major polluting nations to assist poorer states harmed by …

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EPA Offices, Washington DC
EPA / Regulations
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EPA Proposes New Rules on Lead and Copper

The Environmental Protection Agency has announced proposed rules that would strengthen its regulation of lead and copper. These new regulations, if approved, would require water systems across the country to replace lead service lines within the next 10 years. They would also lower the allowable amount of lead in drinking water from 15 parts per billion to 10 parts per billion and require that lead service lines across the country be replaced within 10 years.  

Sampling protocols would improve throughout the country, too. The …

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