Author: Goldberg Segalla

Gas pipeline construction in Greece.
Pipeline
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Congress Streamlined the Pipeline Construction by Limiting Court’s Jurisdiction

On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built through Virginia and West Virginia and is being constructed to provide additional natural gas for winter in the South and Mid-Atlantic. Several environmental groups oppose this pipeline because they allege that endangered fish species would be harmed by the construction.   

The Fiscal Responsibility Act of 2023, Pub.L.No. 118-5, 137 …

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greenhouse-gas-emissions
Emissions / EPA
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Environmental Protection Agency Proposes New Air Emissions Reporting Requirements

The U.S. Environmental Protection Agency announced July 25 proposed updates to its Air Emissions Reporting Requirements (AERR), including a proposal to require the reporting of hazardous air pollutants, or “air toxics” (substances known or suspected to cause cancer and other serious health effects). This update seeks to provide the EPA with accessible data allowing it to identify locations in need of solutions for people exposed to harmful air pollution, which communities can use to understand sources of air pollution that may be affecting them ­– …

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"justice concept, selective focus on nearest part ,lens blur f/x"
Legislation / PFAS
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This Month in PFAS: June 2023

The month of June saw major developments related to per- and polyfluoroalkyl substances (PFAS) litigation and legislation at the state and federal level — particularly in massive settlements, proposed legislation, and the delay of the nation’s first state-level PFAS reporting requirements.

The month began with chemical companies DuPont, Chemours, and Corteva striking a deal worth more than $1.1 billion with water companies around the United States to settle drinking-water claims related to PFAS. The settlement was followed by an additional $10.3 billion settlement by 3M …

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White peeling paint wall
Emerging Issues / EPA
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EPA Proposes Stronger Lead Paint Standards

The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and communities from the harmful effects of exposure to dust generated from lead paint…” The agency estimates that the rule, if finalized, could “reduce the lead exposures of approximately 250,000 to 500,000 children under age six per year,” in furtherance of the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Effects — …

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Smoke and fumes
Climate Change
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Multiple States Seen Ramping Up Their Efforts to Facilitate Carbon Capture and Sequestration Projects

Several states have implemented steps to build up legislative frameworks needed for carbon-capture utilization and sequestration (CCUS) projects in the first half of 2023.

CCUS refers to the process of capturing carbon-dioxide emissions from sources like coal-fired power plants, and either reuses or stores the CO2 so it will not enter the atmosphere. CO2 can also be captured directly from the atmosphere with the right technology. CCUS technologies also provide a foundation for carbon removal or “negative emissions” when the CO2 comes from bio-based processes …

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Chemical hazard pictograms Toxic focus
EPA / Toxic Substances
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EPA Issues Final Rule Under Toxic Substances Control Act Consistent with 2016 Amendments

The U.S. Environmental Protection Agency’s Toxic Substances Control Act of 1976 (TSCA) provides the EPA with needed authority to require reporting, record-keeping and testing requirements related to chemical exposures where risks or exposures of concern are found. The TSCA addresses the production, use, and disposal of multiple chemicals – including chemicals such as lead-based paint and polychlorinated biphenyls (PCBs). The TSCA applies to more than 83,000 chemicals, with new chemicals added when commercial manufacturing becomes available.

Under the authority of the TSCA, the EPA collects …

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Emerging Issues / New Jersey / PFAS
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NJ PFAS Alert: Solvay Enters $393 Million Settlement with Garden State to Remediate Contamination

New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic components for consumer products. This contamination included the release of per- and polyfluoroalkyl substances (PFAS). 

The proposed settlement commits Solvay to: 

  • Pay for and implement comprehensive remedial activities at and in the vicinity of its West Deptford facility; 
  • Provide financial support for certain public water system upgrades necessary to remove PFAS from drinking water; 
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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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