Recycle waste management

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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Motion for Class Certification in Hardwick PFAS Litigation Granted in Part, Denied in Part

As previously reported by our blog, Kevin Hardwick, a firefighter and alleged user of PFAS-containing firefighting foams, filed a class action lawsuit in the U.S. District Court for the Southern District of Ohio in 2018, asserting claims for negligence, battery, declaratory judgment, and conspiracy—all related to the manufacture and use of PFAS products. What is notable about the suit was that it asked for equitable relief in the form of a panel of scientists to study the effects of PFAS and for medical monitoring of …

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EPA Seeks to Drive Down Heavy Truck Emissions

The last time the EPA tightened standards for truck emissions like this, the century was barely a year old and Bill Clinton was still President; in December of 2000 the EPA issued rules dramatically limiting particulate matter (PM) emissions and Nitric Oxide (NOx) on heavy duty trucks to go into effect for 2007-2010. PM has been shown to cause eye, nose, lung, and throat irritation, as well as exacerbating existing breathing problems. NOx, has similarly been linked to chronically-reduced lung function and increased risk of …

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Crypto: A Virtual Currency with Real-Life Energy Consequences

Although only 16% of Americans have personally invested in or exchanged cryptocurrencies, the ever-increasing use of this virtual currency in the U.S. will have very real ramifications for virtually all Americans. Arguably, the most consequential effect concerns the significant energy consumption required to mine cryptocurrencies, and its potential to act as a hindrance in the battle against climate change, as illustrated by a growing concern among several committees within the U.S. House of Representatives, as well as by an ongoing battle over a crypto-mining moratorium …

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Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium

Thanks to the streaming mega hit Yellowstone, and perhaps Kim and Kanye’s brief stint in Wyoming, the West is no longer reserved for John Wayne wanna-bes and would-be snowboarders or adventurers looking to escape metropolis. In fact, our western states, historically rural and rugged, have attracted what some would consider too much attention, drawing not just the tourism of city slickers, but also the attention of big industry. While some westerners welcome industrial development and the resulting increase in job opportunities, many today are concerned …

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New Legislation Poised to Bolster Growing Electric Vehicle Network

Love ‘em or hate ‘em, electric vehicles (EVs) are not going anywhere.

While currently expected to account for only 5.4% of all new car sales in the U.S. in 2022, some analysts project this percentage will jump to almost 30% by 2030. Recent federal legislation aims to address this ever-expanding demand for a larger, more reliable EV network. On November 15, 2021, Congress enacted, and President Biden signed into law, the Infrastructure Investment and Jobs Act (IIJA).

While the $1.2 trillion IJJA certainly offers …

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California Court Hears Plaintiff’s Expert Testimony in Bellwether Baby Food Toxic Metals Case

On February 3, 2022 a Los Angeles County, California judge concluded an early evidentiary hearing centered on the opinions from four of the plaintiff’s experts in one of the nation’s first lawsuits over baby food allegedly contaminated with toxic metals. In what is known in California as a Sargon hearing, the defendants asked the court to evaluate “whether reliable scientific evidence exists that lead, arsenic, and/or mercury (the “heavy metals”) can cause autism spectrum disorder (ASD), and whether lead can cause attention deficit hyperactivity disorder …

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Is There Still Lead in My Water?

In December 2021, the EPA announced new lead and copper rule improvements for drinking water. These rule improvements come on the heels of a prior extension of the final rule from June 2021. The final lead and copper rule was extended by the Biden Administration to provide more time for review and for input from communities that have been impacted by lead in drinking water.

According to the EPA, its “new Lead and Copper Rule” better protects children at schools and child care facilities by …

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A view of the smoking chimneys of a coal-fired power plant against the backdrop of a dramatic sky with clouds.

Mercury No Longer Rising

A decade ago, as part of a concerted effort to reign in industrial pollution, the Obama-era Environmental Protection Agency (EPA) promulgated the mercury and air toxics standards (MATS) pursuant to its authority under the Clean Air Act (CAA). The purpose, as implied by the title, was to limit the amount of mercury and other toxins released into the air by coal-fired power plants. It was heralded by proponents and environmentalists as a large step forward in reducing the risk of heart attacks and cancer, and …

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EPA Adds Four PFAS to Toxics Release Inventory as Part of the PFAS Roadmap

As our blog recently reported, the Environmental Protection Agency (EPA) announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS) over the next three years. Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation: “Increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment, and accelerate the cleanup of PFAS contamination.” As part of this plan, the EPA announced the automatic …

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