Author: Larry D. Mason

Flag of the US State of Colorado
Colorado / PFAS
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Colorado Bans Sale and Distribution of Products Containing PFAS

As regularly reported by the Environmental Law Monitor, state legislatures have increasingly been taking action independent of federal government regulation to address the significant challenge of eliminating per- and polyfluoroalkyl substances, commonly referred to as PFAS from their jurisdictions.

Shortly after the Environmental Protection Agency finalized its first-ever drinking water standards for six PFAS in April, Colorado on May 1 became the 13th state to pass legislation seeking to ban PFAS from the marketplace. Specifically, Colorado’s new law, SB24-081, targets the sale and …

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US state Illinois flag
Emissions / Illinois
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Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across the United States. The issue may soon receive greater clarity in Illinois — and more broadly within the Seventh Circuit Court of Appeals — in response to a recent direct request from the Seventh Circuit Court of Appeals to the Illinois Supreme Court to provide specific direction concerning how Illinois law should address the question.

The Seventh Circuit’s …

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People are holding banner signs while they are going to a demonstration against climate change
Emerging Issues
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U.S. Supreme Court Ends Youth Climate Change Suit

On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision concluding that a lawsuit from youths alleging that current federal energy policies harm their future by exacerbating climate change.

In an order with no explanation, the Supreme Court Justices denied the petition for a writ of certiorari, which means the Ninth Circuit Court of …

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A man's hand in a blue glove takes a close-up of water into a test tube to measure water pollution
EPA / PFAS
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Update RE: EPA’s Proposed PFAS Rule Comment Period

In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking …

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emissions
Emissions / EPA
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U.S. Supreme Court Rejected Challenge to EPA Efforts to Curb Greenhouse Gas Emissions

On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being challenged in pending court proceedings, but three justices indicated they had concerns with the rule’s legality.

The October 16 order arises out the emergency stay applications filed by multiple Republican-led states, utility and coal industry groups after the D.C. Circuit Court rejected their stay bids in July. These parties …

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Train-Derailment
Ohio / Settlements
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Is a Settlement of the Ohio Train Derailment Environmental Incident Imminent?

On September 13, plaintiffs in the U.S. District Court for the Northern District of Ohio action pending against Norfolk Southern arising out of last year’s train derailment and toxic chemical spill in East Palestine filed a motion seeking final approval of a $600 million settlement.

The settlement includes a $162 million attorneys’ fees payment. The residents and others affected by the incident argued that the settlement is reasonable and do not need to wait until remediation is complete to evaluate the costs Northern Southern and …

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Massive California Wild Fire forcing thousands of people to evacuate their homes, wildfires spreading rapidly, escaping to save their lives, destroyed silhouette, natural calamity
Wildfires
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Another Electrical Utility Settles Wildfire Litigation

As widely reported, including in previous issues of the Environmental Law Monitor, the environmental and financial impacts of wildfires in recent years have been significant. In the aftermath of these events, an ever-increasing number of lawsuits have been filed seeking compensation from entities deemed responsible for the disasters. A common target has been electrical utilities.

In Oregon, where it has been alleged that power lines caused multiple fires during a Labor Day weekend 2020 windstorm, electrical utility PacifiCorp has been the target of multiple …

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Agriculture / EPA / Litigation
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EPA’S Chlorpyrifos Ban Likely to Increase Pesticide Litigation

As we previously reported, the U.S. EPA recently issued its ban on the use of the pesticide chlorpyrifos.

Chlorpyrifos has been widely used in food crop agriculture since the late 1960s. Unlike for the glyphosate-based pesticide commonly sold under the brand name Roundup®, most residential uses of chlorpyrifos were banned in 2001. However, it was not until on August 18, 2021 that the EPA took more aggressive action and banned the use of chlorpyrifos for all agricultural purposes.

Unlike for the weed …

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California
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CA Department of Insurance Takes Aggressive Action to Help Mitigate Against Climate Change Environmental Risks

In recent years, the effects of climate change have greatly impacted many California residents. Climate change events are a growing concern along the West Coast, where property development has greatly increased the number of risks exposed to wildfires. Among other challenges, Californians are struggling with higher insurance costs due to climate change impacts.

In response to California Insurance Commissioner Ricardo Lara’s climate insurance law, Senate Bill 30, Chapter 614, Statutes of 2018, which formed a group of environmental advocates, researchers and insurance experts, the California …

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Chemical hazard pictograms Toxic focus
EPA
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EPA Increases Pressure on Manufacturers (and Importers) of TSCA High-Priority Substances

On June 29, 2021, the U.S. EPA published a final rule requiring manufacturers (including importers) of 50 specified chemical substances to report certain lists and copies of unpublished health and safety studies to EPA. 86 Fed. Reg. 34147. The EPA’s final rule was issued pursuant to Section 8(d) of the Toxic Substances Control Act (TSCA) and the TSCA Health and Safety Data Reporting rule codified at 40 C.F.R. Part 716. The EPA established detailed reporting requirements for chemical substances added by the final rule to …

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