LATEST INSIGHTS

Climate Change / Legislation
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What’s Required Under the SEC’s Proposed Climate-Related Disclosure Act

On Monday, March 21, the Securities and Exchange Commission proposed a new rule aimed at requiring public companies to disclose extensive climate-related data to not only the federal government, but also their shareholders. More specifically, the proposed rule, entitled The Enhancements and Standardization of Climate-Related Disclosures for Investors, would amend the SEC’s rules under the Securities Act of 1933 and Securities Exchange Act of 1934. The proposed rule aims to provide investors a better understanding of the risks that climate change poses to companies.

Chair …

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Emerging Issues
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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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EPA / Groundwater Monitoring / New York / Water Contamination
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Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane. Our blog has covered them here, here, here, and here.

There is news on the settlement front. One of the primary defendants and the U.S. government have agreed to resolutions in two cases: Bethpage (in the amount of $49 million) and South Farmingdale (in the amount of …

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Clean Air Act / EPA
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The Ethanol Waiver for E15 Is Not a Reason to Fill Up

Although ethanol is one of the earliest biotechnologies, it wasn’t until the energy crisis of the 1970s that ethanol was widely used as an additive to gasoline. Back then, concerns about the price of fuel and the impact of leaded gas on the environment led to a search for less expensive and more environmentally friendly alternatives. Ethanol seemed to fit both criteria. Today, approximately 90% of the gasoline sold in the United States contains ethanol—and this ethanol is largely produced from corn. Corn is used …

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Climate Change / Emerging Issues / Regulations
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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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Clean Air Act / Emissions / EPA
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SCOTUS to Decide Whether Congress or the EPA has the Power to Regulate Carbon Emissions – Part II

On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired power plants under the Clean Air Act. 

Various theories abound that the court could depend on to support its decision, which could have significant reverberating impacts.  Among the possibilities, from the most earth-shattering to the least are: (1) the non-delegation doctrine; (2) the major question doctrine; (3) statutory …

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Emerging Issues
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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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Emerging Issues
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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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Emerging Issues
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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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Recycle waste management
EPA / PFAS
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Do Your Plastic Bottles Leach PFAS?

On March 16, 2022, the U.S. EPA Press Office issued a news release about implementing two key actions to prevent exposure from products with PFAS (Per- and Polyfluoroalkyl).

The first action involves notification about fluorinated bottles; the second calls for the removal of two PFAS from the EPA’s Safer Chemicals Ingredients List. These two actions are consistent with the deadlines set in the “PFAS Strategic Roadmap; the EPA’s Commitment to Action 2021-2024”. The so-called roadmap—issued by the EPA in October 2021—is a relatively short (25 …

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