Chevron Deference on Life Support?

The U.S. Supreme Court on June 15 issued a unanimous reversal of a lower appellate court, and in which, ruling against the federal government, struck down a Department of Health and Human Services rule significantly reducing Medicare prescription reimbursements to hospitals traditionally serving low-income patients.

Although the 2018 rule did not, on its face, seem to have anything to do with environmental rules or regulations, environmental lawyers, activists, and probably the Environmental Protection Agency itself closely watched the progress of American Hospital Association v. Becerra

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Microplastics Found for the First Time in Freshly Fallen Snow

In a study published last week, researchers at the University of Canterbury in New Zealand identified microplastics in freshly fallen snow samples collected from 19 different sites across the Ross Island region of Antarctica. According to the authors, this finding, which is the first evidence of microplastics in Antarctic snow, “adds to the growing body of literature regarding microplastics as a ubiquitous airborne pollutant…”

Of particular import, the authors note that Antarctica, due to its inaccessibility, extreme environmental conditions, and barriers such as the Antarctic …

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New York is Ready to Attack Crypto Mining

On June 3, 2022, the New York State Senate passed the first bill in the country that bans certain cryptocurrency (crypto) mining operations. This bill, passed by the New York State Assembly in April 2022, now goes to Governor Kathy Hochul for her signature. The bill imposes a two-year moratorium on crypto mining operations that “require proof-of-work authentication methods to validate block chain transaction.” The bill would also require the New York State Department of Environmental Conservation to prepare a “generic” environmental impact statement on cryptocurrency mining operations using proof-of-work authentication …

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Study Finds Increasing Chemical Exposure in Pregnant Women

A study led by researchers at the University of California San Francisco and Johns Hopkins, and published in Environmental Science & Technology has found widespread exposures to prevalent and understudied chemicals in a diverse sample of pregnant women in the United States. The researchers studied urine samples from 171 pregnant women from California, Georgia, Illinois, New Hampshire, New York, and Puerto Rico who were a part of the National Institutes of Health Environmental influences on Child Health Outcomes (ECHO) Program, and measured for 89 different …

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A REVERSED REVERSAL OF NEPA RULES

Last week, through the Council on Environmental Quality’s (CEQ) publication of a final rule at the close of phase one of a two-phase rulemaking process, the Biden administration began its efforts to reverse the prior administration’s reworking of the implementation of the National Environmental Policy Act (NEPA). Originally signed into law by President Richard Nixon in 1970, NEPA requires federal agencies to assess environmental, social, and economic impacts of any activities those agencies are seeking to undertake. The list of such actions is broad, but …

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Study Finds Microplastics in Human Lung Tissue

Less than one month after the release of a study showing the discovery of microplastics in human blood, reported by the Environmental Law Monitor here, scientists have discovered microplastics in the lungs of living individuals. The study, out of Hull York Medical School in England and published in Science of the Total Environment, found 39 microplastics in 11 of 13 lung tissue samples collected during thoracic surgical procedures on living patients. Samples were taken from upper, middle, and lower lobe specimens following surgical …

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The SEC Warns Registrants – ESG is No Longer a Slogan on the Gym Wall

If ESG were merely a slogan on the proverbial gym wall, companies are about to be held accountable for their public promises of climate change and sustainability focused ambitions.  Last month the Securities and Exchange Commission (SEC) proposed significant rule changes to the U.S. Securities Act of 1933 and SEC Act of 1934.  If enacted, the proposed amendment, formally known as The Enhancement and Standardization of Climate-Related Disclosures for Investors, will require the full disclosure of climate change risks, by domestic and foreign registrants alike, …

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Vampires Beware: Microplastics in Human Blood

A group of scientists recently unveiled new data from a study that showed plastic in participants’ blood. Out of 22 study participants, 17 contained plastic in their blood; that is 77% of the test group.

Researchers examined blood samples from the healthy participants looking to detect plastics ranging in size between 700 and 500,000 nanometers. For perspective, 700 nm is approximately 140 times smaller than the width of a human strand of hair. The most widely detected plastic found in half of the tested blood …

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The Department of Energy Releases a Groundbreaking Strategy to Protect America’s Clean Energy Supply Chain

Hoping to one day overtake Norway as the world’s largest clean energy producer and to join the small group of countries who have achieved net zero greenhouse gas emissions, the U.S. has set some ambitious goals for itself. In fact, the United States has committed to achieving 100% clean electricity production by 2035 and attaining net zero gas emissions by 2050. From where it ranks currently in both these categories, meeting these lofty goals will require not only a sizeable investment in clean energy technologies …

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European Union’s Lilial Ban Puts Social Media Microscope on U.S. Products Containing the Chemical Compound

Lilial, the trade name of a chemical compound commonly used as a perfume in cosmetics, shampoos, and cleaning products, which is known by its longer name butylphenyl methylpropional, has been banned in personal care products in the European Union as of March 1, 2022. And while the ban was announced nearly two years ago, the March 1deadline has garnered significant attention, prompting social media users to call attention products produced in the United States that contain the ingredient.

By way of background, in August 2020, …

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