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Front Refrigerator
Climate Change / Legislation
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DC Circuit Pours Cold Water on Global Warming Legislation

Refrigeration technology has come a long way since ancient Chinese cultures harvested ice from frozen lakes and desperately tried to keep them insulated in ice cellars more than a thousand years ago. The technology advanced through the subsequent centuries, culminating in an exponential explosion of growth over the last hundred years or so, with the advent of artificial refrigerants in the 19-teens and 20s. Still, these early-model units relied on toxic, foul-smelling gases such as ammonia and sulfur dioxide as condensing agents, resulting in fatalities …

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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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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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Judges Or Auctioneer Gavel On The Dollar Cash Background
PFAS / Settlements
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Primary Defendants Broker Settlements of Major PFAS Litigation

Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of reaching, agreements with plaintiffs to resolve hundreds (and potentially thousands) of disputes concerning PFAS contamination of drinking water supplies owned or operated by various water providers throughout the country. 

AFFF is a highly effective firefighting agent used to control and extinguish Class B fuel fires at …

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PFAS
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PFAS Alert: Chemours, DuPont and Corteva Reach Landmark Water District Settlement in MDL

Key Takeaways

  • Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion.
  • The agreement aims to settle drinking-water claims related to per- and polyfluoroalkyl substances.
  • Further details expected in coming days.

Chemical companies DuPont, Chemours, and Corteva have struck a deal worth more than $1.1 billion with water companies around the United States to settle all drinking-water claims related to per- and polyfluoroalkyl substances.

While these three companies still deny the allegations in the underlying litigation, they …

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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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United States Environmental Protection Agency
EPA
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EPA’s Endangerment Finding Found Not to be in Danger

In 2007, Massachusetts sued the United States Environmental Protection Agency because the state’s government, joining a collection of private organizations, did not think EPA was doing enough under the Clean Air Act (CAA) to regulate emissions of greenhouse gasses. The EPA rejected the petition, claiming in substance that the CAA’s ambit of “air pollution agents” did not include carbon emissions, and that even if they did, there was not enough concrete evidence to be certain of a causal connection between the emissions and global warming. …

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Stormy White House
Climate Change / President Biden
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New Executive Order Renews & Strengthens America’s Commitment to Environmental Justice

Right on the heels of Earth Day, President Joe Biden signed Executive Order 14096, titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (full text of the Order can be found in the Federal Register, accessible here).

This “whole of government” EO will affect how the federal government oversees permitting and funding for industry building and expansion in already overburdened communities, in which low-income and people of color typically reside. This is only the latest of many actions undertaken by this administration signaling …

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