EPA Offices, Washington DC

EPA Updates FOIA Regs to Promote Transparency and Affordability of Information Concerning Environmental Justice Issues

On September 7, 2023, the U.S. Environmental Protection Agency announced that it was updating its Freedom of Information Act (FOIA) regulations through its Phase II FOIA final rule. This “modernization,” is part of EPA’s continued efforts to advance transparency – here, by improving the EPA’s FOIA program through a renewed focus on accountability, affordability, and better access to information for communities of color with environmental justice concerns. The final rule is a wider part of the Biden Administration’s general promise to prioritize consideration of communities …

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Oregon’s Multnomah County Sues Fossil Fuel Companies Seeking $50M for Purported “Heat Dome” Heatwaves

Oregon’s most populous county, and home to Portland, sued more than a dozen oil, gas, and coal companies for over $50 million in damages related to a 2021 “heat dome” the county alleges was caused by the defendants’ contributions to climate change.

Multnomah County, which filed the civil suit in June, is also seeking no less than $1.5 billion from the defendants to pay for potential damage from future extreme heat events, and another $50 billion to study, plan, and protect people and Oregon’s infrastructure …

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EPA Redefines ‘Waters of the United States’ to Conform with Supreme Court Decision

On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.”  This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in Sackett v. EPA 598 U.S. _____(2023) (discussed in a previous blog here).  

The Sackett decision held in favor of the Sacketts, who wanted to build a home on an empty lot near a lake in Idaho. The Supreme Court ruled in favor of the couple and held …

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Steel Beats Glass and Plastic, All Beat Paper: New Study Finds PFAS In Various Types Of Drinking Straws

A study published last week by the Food Additives & Contaminants: Part A journal — a journal that publishes on natural and man-made food additives and contaminants in food and the animal feed chain and is an affiliated journal of the International Society for Mycotoxicology — might make people think twice when selecting straws for their drinks.

The study — titled “Assessment of poly- and perfluoroalkyl substances (PFAS) in commercially available drinking straws using targeted and suspect screening approaches,” — makes some interesting findings on …

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View of world from 40000 feet, clouds and blue sea.

The Good, the Bad, the Ozone

Pop quiz: What is the naturally occurring gas that forms a life-sustaining, protective barrier when in the Earth’s stratosphere (15-30km above the surface), blocking harmful ultra-violet radiation reaching the planet from the sun?

Ozone!

Round two: What is the noxious gas that can cause wheezing, shortness of breath, and even permanent lung damage when produced by low-to-the ground industrial pollution?

Also, Ozone!

Yes, that same gas that we were all motivated and mobilized to restore into the sky back in the 80’s and 90’s has …

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People are holding banner signs while they are going to a demonstration against climate change

Montana Ruling May Preface Nationwide Increase in Judicial Environmental Mandates

In what could be the start of a national trend, a state court judge recently ruled that Montana’s government must do more to protect the state and its residents from climate change. 

State District Judge Kathy Seeley, citing a state constitutional right to a clean environment, ruled in favor of a group of youth plaintiffs and invalidated a pair of laws prohibiting state agencies from considering the effects of greenhouse-gas emissions. According to Judge Seeley, “[t]he degradation to Montana’s environment, and the resulting harm to Plaintiffs, …

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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

The Un-wilding of Wildfires: How We Have Added Fuel to the Flames

In their purest form, natural wildfires, most commonly caused by lightning strikes or volcanic activity, are a necessary part of the lifecycle in most ecosystems. They provide a number of important ecological benefits, such as reducing dead vegetation, stimulating new growth, and improving wildlife habitat. Indeed, a variety of plant and animal species depend on wildfires for their very survival.

However, in recent years, numerous countries, including the United States, have experienced significant wildfires that have moved far beyond these ecological benefits, leaving entire communities …

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Close up side shot of microplastics lay on people hand.Concept of water pollution and global warming.

Latest Microplastics Finding: Human Heart Tissue

Microplastics have been detected in human lungs and placentas, stool and blood, and the latest finding: heart tissue. In a pilot study published in Environmental Science & Technology, researchers studied 15 patients, ranging in age from 41 to 75, who underwent heart surgery at the Beijing Anzhen Hospital in China. Through the use of laser-direct infrared chemical imaging, researchers discovered nine types of microplastics were found across five types of tissue, with the largest measuring 469 micrometers in diameter. These included polypropylene (used in food …

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EPA Offices, Washington DC

FDA to EPA: Pump the Brakes on New EtO Rules During Supply Chain Shortage

With COVID diagnoses spiking across the United States this summer, we cannot yet claim that the pandemic is behind us. In fact, we are still experiencing residual medical device and equipment shortages, which has caused medical providers to spend billions on alternative sterile medical products and even implementing rations in some cases. Complicating the issue is the fact that, typically, only a handful of manufacturers and suppliers distribute these life-saving products, so alternatives can be difficult to procure. Shortages appear to be endangering other …

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Three hydro- fracking derricks drilling natural gas on a plain

California Supreme Court Holds Local Ordinance Banning Oil and Gas Drilling Preempted by State Law

Last week, the California Supreme Court, in a rare unanimous ruling, struck down a Monterey County voter-approved local initiative that would have banned oil and gas drilling and imposed severe restrictions on oil and gas development in the county. In the court’s view, the local ordinance is preempted by state law and was struck down. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey, S271869.

By way of background, back in 2016, Project Monterey Club, a local environmental …

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