LATEST INSIGHTS

Smoke stacks
Emissions
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New Congress Reverses Biden-Era Methane Waste Emissions Fee

Despite longstanding bipartisan support, the U.S. Senate on Feb. 27 — just as the House did the day prior — passed a resolution withdrawing the waste emissions charge (WEC), which is a fee on methane waste emissions caused by oil and gas producers.

The vote served as one of the first attempts by this Congress to apply the Congressional Review Act in order to bypass the filibuster, which requires at least 60 senators for a successful vote, instead of requiring only a simple majority vote …

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A man's hand in a blue glove takes a close-up of water into a test tube to measure water pollution
EPA / PFAS
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Update RE: EPA’s Proposed PFAS Rule Comment Period

In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking …

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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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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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