Author: Goldberg Segalla

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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Emerging Issues / President Biden / President Trump
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White House Proposes Modifications to Trump Administration’s Changes to NEPA Regulations

On October 6, 2021, the White House Council on Environmental Quality (CEQ) proposed modifications to provisions of its regulations implementing the National Environmental Policy Act. NEPA is a federal law that requires all federal agencies to assess the environmental effects of any proposed actions as part of its decision making. The proposed rule is the first of a two-phase rulemaking process, which would reverse changes to NEPA that went into effect during the Trump Presidency after being in place for decades prior to such modifications. …

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Close up side shot of microplastics lay on people hand.Concept of water pollution and global warming.
Emerging Issues
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No Asylum from Microplastics: How Recent Studies May Spark a Flood of Environmental Litigation

In a world where everything is supersized, or perhaps more appropriately venti sized (because let’s be honest, anything less than a venti pumpkin latte is simply not adequate), we tend to overlook what isn’t pronounced. However, recent headlines involving the fate of our littlest constituents remind us that we should be paying more attention to the inconspicuous things in life for, as it turns out, the microsized may be the most threatening. Yes, it is arguably Darwinian to disregard the discreet dangers, ones that we …

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Georgia / PFAS
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Georgia PFAS Decision Differentiates Categories of Defendants against Whom Claims May Proceed

Dalton, Georgia, which has been dubbed the “Carpet Capital of the World” has found itself at the center of emerging PFAS litigation. On September 20, 2021, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia issued a 180-page order ruling on 12 motions to dismiss, on various grounds, filed by numerous defendants in the current litigation.

By way of background, in 2019, a class action lawsuit was filed on behalf of citizens and property owners in Georgia, alleging that Dalton’s …

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Round droplets of water over the circles on the water. Ripples on sea texture. Closeup water rings
Clean Water Act / EPA
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EPA Rescinds Guidance on “Functional Equivalent”

On September 15, 2021, the Biden administration announced it was rescinding the Trump administration’s guidance on the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund and the Clean Water Act (CWA), § 402: National Pollutant Discharge Elimination System (NPDES).

In County of Maui v. Hawaii Wildlife Fund (590 US –, 140 S Ct 1462 [2019]), the U.S. Supreme Court addressed whether the CWA’s NPDES requires a discharger to acquire “a permit when pollutants originate from a point source but are conveyed to …

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Emerging Issues
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Biden Administration Takes Steps to Advance Sustainable Fuel Use in Aviation Industry

In early September, President Biden released a fact sheet describing steps taken by the administration to advance innovation and the use of cleaner and more sustainable fuels in the American aviation industry, with the aim of reducing greenhouse gas (GHG) emissions by 20% by 2030 and reaching a zero-carbon aviation sector by 2050. According to the fact sheet, the aviation industry is responsible for 11% of transportation-related emissions in the United States, with that share expected to increase in the future. Meanwhile, less than 1% …

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Emerging Issues
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The “Green” Fashion Police and the Renaissance of the Fashion Industry

Sustainability is the new black dress in the fashion world. As the need to address climate change becomes more urgent, it is no longer fashion forward, hip, or trendy to walk the red carpet in non-durable apparel/garments. Likewise, designers and textile manufacturers who neglect to embrace the paradigm shift toward making fashion a remedy for climate change will likely be left behind.

The fashion value chain is complex and threatening to the environment, with greenhouse gas emissions generated from the beginning to the end of …

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EPA
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EPA Bans Use of Pesticide Chlorpyrifos

On August 18, 2021, the U.S. Environmental Protection Agency issued a pre-publication notice of a final rule banning the use of the pesticide chlorpyrifos on food in order to better protect human health. Chlorpyrifos is an insecticide used for a number of agricultural and non-food applications. It has been linked to numerous health risks including neurodevelopmental risks to infants and children, and harm to agricultural workers who work with the pesticide.

Per the final rule, the EPA announced the revocation of chlorpyrifos “tolerances”—which establish the …

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New York
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The Green Bank—Part of New York’s Mission to Become a National Leader in Clean Energy

In 2013, New York State set course to become a national leader in clean energy. Later declaring a mission to reduce emissions by 40 percent by 2030, New York developed an aggressive and robust plan to radically change energy production, transportation, and consumption in the state. New York dedicated itself to upgrading its energy infrastructure, promoting renewable energy portfolios to consumers, and most importantly investing in large scale-renewable projects.

Though not an invention of New York, a unique piece of its clean energy plan was …

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