Author: Goldberg Segalla

United States Environmental Protection Agency sign on the Clinton building
Emerging Issues / Regulations
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EPA Announces Proposed Perchloroethylene Regulation under the Toxic Substances Control Act

Earlier this month, the U.S. Environmental Protection Agency announced a proposed regulation of perchloroethylene (PCE) under the Toxic Substances Control Act to protect public health.  

PCE, also known as perc and tetrachloroethylene, “is used for the production of fluorinated compounds; as a solvent for dry cleaning and vapor degreasing; in catalyst regeneration in petrochemical manufacturing; and in a variety of commercial and consumer applications such as adhesives, paints and coatings, aerosol degreasers, brake cleaners, aerosol lubricants, sealants, stone polish, stainless steel polish, and wipe cleaners.” …

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Emerging Issues / NEPA / Pipeline
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The Environmental Impacts of the Debt Deal

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA). The FRA was the result of an agreement between White House and congressional GOP negotiators. While the centerpiece of the agreement is the two-year suspension of the debt ceiling, the FRA surprisingly includes significant environmental provisions. Specifically, the FRA amends the National Environmental Policy Act (NEPA) and expedites completion of the controversial Mountain Valley Pipeline.  

The most significant NEPA amendments relate to Environmental Impact Statements (EIS), Environmental Assessments (EA), …

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"justice concept, selective focus on nearest part ,lens blur f/x"
California / Emerging Issues
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UCLA’s Environmental Law Clinic Weighs in on Berkeley Gas Case with New Amicus Brief

Following up on our April 21 post, the UCLA Environmental Law Clinic recently filed an amicus brief in the California Restaurant Association v. Berkeley litigation, joining multiple other governmental and non-governmental organizations asking the Ninth Circuit to take another look at its April 17 decision. The Ninth Circuit’s decision effectively overturned a lower federal district court’s ruling that revoked the City of Berkeley’s 2019 ban of natural gas infrastructure in newly constructed buildings. 

Authoring the brief were seven law professors from across the …

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Oil slick in water
EPA / Water Contamination
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EPA Revises National Contingency Plan to Assist with Oil Spill Responses

In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from vessels and facilities, and it works by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damages among responsible parties. In 1994, to support the OPA, the Environmental Protection Agency revised Subpart J of the National Contingency Plan. Subpart J …

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Gavel on sounding block
Clean Water Act / Emerging Issues
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CWA Alert: Supreme Court Unanimously Rejects Executive Agencies’ Interpretation of the Clean Water Act

The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity — ambiguity such agencies have used to extend their reach to places and activities over which Congress has not given them express jurisdiction.

Sackett addresses the Clean Water Act’s (“CWA”) vague definition of “waters of the United States,” and the EPA’s use of that ambiguity to extend its regulatory reach. While the term “navigable …

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Round droplets of water over the circles on the water. Ripples on sea texture. Closeup water rings
WOTUS
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No Resolution in Sight for WOTUS Definition

The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every conceivable angle. Implementation of the rule has already been halted in 24 states, the rule is facing disruption by the U.S. Supreme Court, and the Legislative Branch sought to rescind the rule altogether.

As Sarah Mangelsdorf highlighted in her March 2, 2023 Environmental Law Monitor post, New Year, New WOTUS: Is …

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Recycle waste management
Microplastics
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Could Plastic Recycling Facilities Be Contributing to the Microplastics Pollution Problem?

Earlier this month, a team of researchers out of the UK, Canada, and New Zealand published a first-of-its-kind study in the peer-reviewed Journal of Hazardous Material Advances, examining the microplastics pollution potential for plastic recycling facilities. The study found that the recycling process, even with plastic pollution mitigation and high removal efficiencies, might potentially discharge tons of microplastics into waterways.

The purpose of the study was to identify if the state-of-the-art unnamed UK plastic recycling facility (PRF) subject to the study discharged microplastics into …

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Pollution Factory Smoke in Air with Sky Bad for the Environment
Climate Change / Emerging Issues
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The Supreme Court Denies Fossil Fuel Companies’ Bid to Have the Climate Deception Cases in Federal Court

Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not harmful. These 11 cases have collectively been dubbed the “climate liability cases” or “climate deception cases.” Just a few weeks ago, the U.S. Supreme Court declined to hear a petition dealing with the issue of whether or not these climate deception cases should be heard in state court …

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Trucks
Automotive / Emissions
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California Hits Harder on Heavy Truck Emissions

On April 28, California’s Air Resources Board (CARB) approved new regulations which would phase out the sales of medium and heavy-duty combustion trucks in California by 2036. The goal is to fully transition existing fleets to zero-emissions vehicles by 2045.   

Known as the Advanced Clean Fleets (ACF) regulation, the ACF is part of CARB’s latest initiative to accelerate California’s transition to zero-emission medium and heavy duty vehicles. The purpose of the regulation is to protect communities that are near trucking corridors and warehouse locations. Studies have shown …

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Close-up side shot of hands shows microplastic waste contaminated with the seaside sand. Microplastics are contaminated in the sea. Concept of water pollution and global warming.
California / Microplastics
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California Looks to Expand Regulation of Microplastics and PPD Derivatives

California has begun the public process for a potential regulatory proposal expanding the list of chemicals that may be regulated under its Safer Consumer Products Program (SCP). The California Department of Toxic Substances Control (DTSC), part of the California Environmental Protection Agency, has proposed adding microplastics and para-Phenylenediamine (PPD) derivatives to its Candidate Chemicals List (CCL) in an attempt to control their impact on human health and the environment.

PPD derivatives are a family of chemicals used in a variety of industrial applications. The only PPD derivative …

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