Environmental Law Monitor

March 30, 2023 Crypto / Emissions

Crypto Mining Not Going Anywhere – Maybe Just Not How You Think

It has been a rough year for cryptocurrency mining. Just a year ago, the U.S. House of Representatives held a hearing addressing the environmental effects of cryptocurrency mining, with a particular focus on the process’s use of energy and resulting high rates of emissions (covered by ELM here), but with a noticeable bent of optimism and openness from the presiding representatives who ran the panel. Millennial U.S. Congressman Ritchie Torres of New York even went so far as to declare: “With a multi-billion-dollar market …

March 30, 2023 Climate Change / Emerging Issues

Posted by: Goldberg Segalla

How to Navigate the New 2022 Inflation Reduction Act Tracker Database

As reported in August 2022, the Inflation Reduction Act (“IRA”) is the United States’ largest (and most complex) commitment to investing in climate change to date. The 725-page law provides a number of clean-energy tax credits to qualifying companies and commits $370 billion in funds aimed at lowering energy costs and building up supply chains for everything from critical minerals to efficient electric appliances.

With so much information and different tax credit programs covered in the bill, it’s no wonder it was necessary to …

March 30, 2023 EPA / PFAS

Posted by: Goldberg Segalla

On the Heels of EPA’s Proposed Rule, New York State DEC Releases Final Ambient Water Quality Guidance Values for PFAS

Just two days after the U.S. Environmental Protection Agency issued its Notice of Proposed Rulemaking to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS), reported by ELM here, the New York State Department of Environmental Conservation released final ambient water quality guidance values for PFOA, PFOS, and 1,4-Dioxane in New York State waters.

In a March 15 press release the DEC said “[t]he finalized guidance values support the State’s ongoing efforts to protect public health and the environment and prevent …

March 16, 2023 EPA / PFAS

Posted by: Oliver E. Twaddell

EPA Brings Down The Hammer On PFAS: Proposed Drinking Water Regulations Push The Limit

Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking.

In keeping to its commitments in the PFAS Strategic Roadmap, the EPA took a significant step by proposing to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS) known to occur in drinking water: PFOA, PFOS, PFHxS, GenX Chemicals, PFNA, and PFBS.

“Through this proposed rule, EPA is leveraging the most recent science and building on existing state efforts …

March 16, 2023 Emerging Issues / New York

Posted by: Goldberg Segalla

New York May Adopt Extended Producer-Responsibility Laws to Combat Consumer Waste

New York may be on board to be the fifth state in the nation to hold producers responsible for packaging products.

Thus far, Maine, Oregon, Colorado, and California have enacted extended producer-responsibility laws. The EPR laws assign both financial and operational responsibility for the end of life of products, and are an important tool for managing and lowering consumer waste. In other words, the programs require the producers of packaging products to finance the costs of recycling or disposing of products that consumers no longer …

concept of cyber attack Cyber security is compromised. when the armor is destroyed The red key and the structure explode the polygon into smaller pieces. Computer system technology has been hacked.

March 9, 2023 Cybersecurity / EPA

Posted by: Daniel L. Klein

Cyber-Waterfare: the EPA Moves to Protect Key Infrastructure from Hackers

In 2021, an unidentified person hacked the computer controlling the water system in Oldsmar, Fla., and increased the concentration of sodium hydroxide 100 times the normal amount, in an attempt to poison people.

That same year, an unidentified hacker used a stolen password to delete certain programs from a water treatment program in the San Francisco Bay area.

Part of the reason attacks like these are increasing in number and sophistication is because there quite simply may not be a sufficient apparatus to prevent them. …

March 9, 2023 Emissions / EPA

Posted by: Goldberg Segalla

Court Denies Challenge to EPA Emissions Rule, Defers Due to Rule’s “Complex and Technical” Nature

Companies operating in Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia – whose operations involve the release of emissions — will need to consult the Environmental Protection Agency’s Revised Cross-State Air Pollution Update Rule to determine whether their operations might be affected by the Federal Implementation Plan.

The rule requires power plants and other high-emitting machinery to install emission-reduction equipment and update pollution controls.

The District of Columbia Circuit of the United States Court of Appeals unanimously …

Close up view of railroad, transport background

March 2, 2023 Emerging Issues / EPA

Posted by: Karen Cullinane

What We Know – and Might Never Know – about the East Palestine, Ohio, Train Derailment

A few hours after dinner time on Feb. 3, and approximately 20 miles following a dramatic slow-down from a speed of 50 miles per hour to about half that, a Norfolk Southern freight train consisting of 38 cars – 11 of which were carrying hazardous materials – derailed in East Palestine, Ohio.

Although the derailment released several types of chemicals, many of which can break down or react with elements in the environment, five of those 11 cars contained vinyl chloride, a highly flammable chemical …

March 2, 2023 EPA / WOTUS

Posted by: Sarah B. Mangelsdorf

New Year, New WOTUS: Is There Resolution in Sight?

The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’”(WOTUS) rule will become final on March 20. This latest iteration codifies the agencies’ pre-2015 approach to defining WOTUS and attempts to establish a bridge between the interpretations offered by the prior two administrations. In particular, the rule’s preamble specifically states that in “developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, …

February 23, 2023 Climate Change / Litigation

Posted by: Goldberg Segalla

Oil Giant’s Directors Sued Personally for “Flawed” Climate Strategy in One-of-a-Kind Lawsuit

Lawyers at the environmental law firm ClientEarth earlier this month personally sued the directors of one of the largest oil producers in a derivative action for their alleged failure to manage material and foreseeable climate risks.

ClientEarth filed the action at the High Court of Justice in England and Wales, alleging breach of UK company law. In total, 11 of the company’s directors are named. At issue is whether the 11 board members breached their duty to shareholders by not properly managing climate risk.

If you’re …