LATEST INSIGHTS

Spraying trees against pests
EPA / Water Contamination
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Green Groups Urge Ninth Circuit to Push EPA on Atrazine Re-evaluation

Environmental groups are once again urging the Ninth Circuit Court of Appeals to compel the U.S. Environmental Protection Agency (EPA) to expedite its re-evaluation of atrazine, a widely used herbicide with significant environmental and health concerns. This legal push highlights the ongoing struggle between regulatory bodies and environmental advocates over the safety and regulation of chemical substances in agriculture.

Atrazine is one of the most commonly used herbicides in the United States, primarily applied to control broadleaf and grassy weeds in crops like corn, …

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Scenic view of agricultural field against sky
Litigation
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SEC Chairman Halts Litigation on Climate Disclosure Rules

The acting chairman of the SEC, Mark T. Uyeda, requested Feb. 11 that the Eighth Circuit pause ongoing litigation concerning the Enhancement and Standardization of Climate-Related Disclosures for Investors rule — (known as Climate Disclosure Rules) — that was adopted by the Commission on March 6, 2024.

Pursuant to the Climate Disclosure Rules, publicly traded corporations registered with the SEC would have to include, among other items, the following information in their annual reports:

  • Material climate-related risks: Climate risks that could materially affect the corporation.
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New Jersey Flag with blue sky background
New Jersey / PFAS
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Trial and Juror: 3M and Dupont Move to ‘Bench’ NJDEP PFAS Case

In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of thousands of pollutants into the Chambers Works compound in Salem County, NJ.

According to the pleadings, among the contaminants released were per- and polyfluoroalkyl substances (PFAS), known for their motility and resistance to biodegradation, and linked to various kinds of cancer. The complaint alleges PFAS have been knowingly dispersed into …

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Digital Futuristic abstract background of Money currency in cyberspace
Cryptocurrency
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Can Crypto Mining Maintain its 2025 Regulatory Hot Streak?

The election of Donald Trump back into office was cheered by cryptocurrency enthusiasts across the country for his public support of the industry. After all, the president even has his own memecoin ($TrumpCoin, of course) and has issued executive orders proclaiming support for the industry during his first days in office. Yet, even if efforts to rein in  the energy-guzzling crypto mining industry at the federal level (previously covered by ELM here and here) are abandoned, miners still face regulatory challenges targeting …

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Majestic giants in Sequoia National Park in California, USA
NEPA / Regulations
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Navigating NEPA in the New Year

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act (NEPA).

The dispute centers around claims made by environmental groups that the Federal Aviation Administration and National Park Service violated NEPA when they approved tour flights over California’s Bay Area …

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Wind turbines at London Array offshore wind park, North Sea, near England, United Kingdom.
Clean Power
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Navigating the Shifting Sands: Legal Challenges and Opportunities in Offshore Wind Development

Offshore wind energy is rapidly emerging as a critical component of the global transition to renewable energy sources. Harnessing the vast wind resources available at sea offers significant potential for reducing greenhouse gas emissions and enhancing energy security. However, the development of offshore wind projects presents a complex web of legal and regulatory challenges that must be navigated effectively to ensure successful implementation.

One key legal area involves the permitting process. Offshore wind projects typically require a multitude of permits and approvals from various federal, …

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Semi trucks parked
California / EPA
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California Withdraws EPA Waiver Request for Zero-Emission Advanced Clean Fleet Regulations

California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF).

Had it been granted a waiver, CARB would have been allowed to put into effect the drayage and “high priority fleets” provisions of the ACF. CARB first requested this wavier …

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Dioxane
Emerging Issues / EPA
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EPA Finishes Risk Evaluation of 1,4-Dioxane under TSCA, Initiates Risk-Management Actions

Over the last six years, our firm has written extensively about 1,4-Dioxane, from U.S. EPA’s proclamations to state laws and regulations, litigation, and distinctions between federal and state perspectives. (see compilation of blog posts here.)

Today we are providing an update on the EPA’s final revised Unreasonable Risk Determination for 1,4-Dioxane, which includes new air and water exposure pathways that had not been previously evaluated, as well as evaluation of 1,4-Dioxane generated as a byproduct. 

According to EPA, 1,4-Dioxane is primarily used as …

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Flag of California
California / Wildfires
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California Suspends CEQA and CCA Requirements to Fastrack Rebuilding Efforts after Wildfires

California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting requirements under the California Coastal Act.

CEQA  requires for any “public project” — defined broadly as an action requiring a “public agency’s discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment” — that …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Continues Removing Confidential Business Info and De Minimis Exemptions for PFAS Chemicals

While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential business information. 

These chemicals include the following:

  • Ammonium perfluorodecanoate (PFDA NH4) (3108-42-7)
  • Sodium perfluorodecanoate (PFDA-Na) (3830-45-3)
  • Perfluoro-3-methoxypropanoic acid (377-73-1)
  • 6:2 Fluorotelomer sulfonate acid (27619-97-2)
  • 6:2 Fluorotelomer sulfonate anion (425670-75-3)
  • 6:2
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