LATEST INSIGHTS

emissions
Emissions / Settlements
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Everything Oiled is Sued Again

It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire John Van Dyke to construct an oil refinery right on the spot. German-American chemist Herman Frasch worked with Van Dyke to perfect a method for taking the sulfur out of Lima’s oil to make it more marketable. The results were explosive (figuratively); The ‘Solar Refinery,’ as …

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Server room with big data
Crypto / Legislation
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Cryptomining Faces More Legislative Hurdles in US

As cryptocurrency has increased its notoriety in the US, so has its demands on the US electrical grid. Indeed, the US is witnessing a constantly proliferating number of cryptomining facilities, which are large spaces – often former factories or defunct power plants – filled with computers using large amounts of electricity to “mine” crypto by solving mathematical equations as fast as possible. This drain on energy has been met with unease in some parts of the US, however, such as New York, which …

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Flag of California Republic in San Francisco
California
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California May Put Its Historic Climate Disclosure Laws on Hold

In an update to the Environmental Law Monitor’s continuing coverage of California’s historic climate disclosure laws, California State Sen. Scott Weiner put forth on August 13 proposals to Senate Bill 219 that would delay the effective date of the Golden State’s 2023 emissions and climate-related financial risk corporate disclosure laws.

As our readers may remember, signed into law back in November 2023, the legislation at issue were SB 253 and SB 261, which created landmark greenhouse gas emission and climate-related financial risk reporting requirements …

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Train-Derailment
Ohio / Settlements
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Is a Settlement of the Ohio Train Derailment Environmental Incident Imminent?

On September 13, plaintiffs in the U.S. District Court for the Northern District of Ohio action pending against Norfolk Southern arising out of last year’s train derailment and toxic chemical spill in East Palestine filed a motion seeking final approval of a $600 million settlement.

The settlement includes a $162 million attorneys’ fees payment. The residents and others affected by the incident argued that the settlement is reasonable and do not need to wait until remediation is complete to evaluate the costs Northern Southern and …

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Scientist with beaker
PFAS
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National Science and Technology Council’s PFAS R&D Strategy Plan Highlights Substantial Deficiencies

Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.”

The National Science and Technology Council (NSTC) is the principal means by which the executive branch coordinates science and technology policy across the diverse entities that make up the federal research and development (R&D) enterprise. Through the National Defense Authorization Act (NDAA) for …

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Flag of the US State of Louisiana
EPA / Louisiana
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EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI “disparate impact” regulations within the state of Louisiana. Disparate impact assessments are typically undertaken by the federal government when determining harms to communities significantly impacted – typically lower-income communities and communities of color – by large governmental projects and industrial or commercial permitting changes. Disparate impact assessments have been prioritized by …

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Servers. Servers room data center. Backup, mining, hosting, mainframe, farm and computer rack with storage information. 3d rendering
Clean Power
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Big Tech’s Investment in Geothermal Energy Continues to Heat Up

On August 26, Sage Geosystems announced an agreement to supply Meta with 150 MW of geothermal power. Sage will use its proprietary Geopressured Geothermal System (GGS) to provide carbon-free power for Meta’s data centers. This makes Meta the latest tech giant to invest in geothermal energy.  In June 2024, Google negotiated a similar deal with NV Energy for 115 MW of geothermal energy to help Google power its Nevada data center.

Data centers typically require ever increasing amounts of energy around the clock, which alternate …

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Pipe line
Pipeline
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Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the Transcontinental (Transco) Gas Pipe Line Company Regional Energy Access Expansion Project.

The roughly $950 million gas pipeline project involves the construction and operation of over 36 miles of new natural gas pipeline facilities built by a Williams Co. subsidiary. In addition to the pipeline, the project called for the …

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Tractor spraying crops
EPA
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For the First Time in Four Decades, EPA Uses Emergency Suspension Power on a Pesticide

On August 6, the Environmental Protection Agency issued an Emergency Order directing the suspension of all registrations issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (DCPA), also marketed under the trade name Dacthal. According to EPA, this is the “first time in almost 40 years that EPA is using its emergency suspension authority to stop the use of a pesticide.”

DCPA is a benzoic acid herbicide that inhibits cell division of root tips in …

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close-up view of water flowing from tap into glass
EPA / SDWA
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EPA Seeks Input from Small Businesses on Proposed Regulations for Drinking Water

Opportunity knocks for water treatment entities to provide their input on new regulations about to be rolled out by EPA that could either boost or harm their businesses. The Regulatory Flexibility Act requires EPA to establish a panel, including small businesses that may be economically impacted before any revisions to regulations become effective. But beware, the deadline only provides one week to apply.

The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency to conduct a review every six years covering the existing …

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