LATEST INSIGHTS

EPA / PFAS
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EPA Previews 2021 List of Toxic Release Inventory

On July 28, 2022, the Environmental protection Agency (“EPA”) released its preliminary 2021 Toxics Release Inventory (“TRI”).  The purpose of the TRI is to give the public critical information regarding chemical releases, waste management, and pollution prevention undertaken at both federal and industrial facilities in the United States.  

The TRI program was created by Congress in 1986 as part of the Emergency Planning and Community Right to Know Act.  Chemicals that are covered by the program include those that have adverse health or environmental …

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Clean Air Act / EPA
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The Pendulum Swings Back Again on Clean Air

In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and urban air pollution.

More specifically, Section 112r of what became the Clean Air Act Amendments of 1990 required the EPA to publish guidance and regulations for chemical accident prevention by entities using compounds that posed the greatest risk of harm from accidental releases. These regulations were …

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Emerging Issues / President Biden
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New Law Provides Clean Energy Tax Credit Bonanza

The Inflation Reduction Act (IRA) that President Biden signed into law on August 16 ran, all told, about 725 pages. One of the more complex and—for businesses—interesting portions of this law involves its restructuring and expanding of clean-energy tax credits, which may provide opportunities for companies operating in and around the clean-energy area. 

The IRA increased the tax credits’ appeal by extending them at full value for 10 years; the credits only decline once power-sector carbon emissions fall to 75% of today’s levels. It also expanded the scope of these …

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Emerging Issues / EPA
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EPA Renews Push for New ‘EtO’ Regulations and Outreach   

Following a study of 100 commercial sterilizer facilities, the U.S. Environmental Protection Agency announced on August 3 it would takes steps to inform communities throughout the country about the risks posed by ethylene oxide (EtO) emissions from 23 of specific sterilizer facilities.  

The agency further announced that, using data from the same study as well as ongoing critical EtO research, EPA will propose new regulations intended to protect public health from EtO emissions and protect workers at the facilities themselves, by the end of 2022 …

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Climate Change / Emerging Issues
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Kids File Climate-Change Suit Against Their Home State, Alleging Betrayal 

Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of climate-change litigation. 

With favorable rulings from a state judge and the Montana Supreme Court, the children’s lawsuit is on track to become the first such climate lawsuit to go to trial in the United States. It alleges that Montana, by fostering fossil fuels as its primary energy resource, is contributing to a deteriorating …

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EPA / PFAS / PFOA / PFOS
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Trade Association Submits Challenge to EPA’s New PFOA and PFOS Health Advisories

As reported in our blog back in June, the Environmental Protection Agency unveiled new drinking-water health advisories (HAs) for PFAS contaminants. Specifically, the advisories drastically reduced acceptable PFOA and PFOS water levels from 70 parts per trillion (set in 2016) down to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS.  

These new advisories, however, are already the subject of attack. Last week, a leading trade association filed a petition challenging these new HAs.  

The petition was filed with the U.S. …

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Climate Change / President Biden
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What would the declaration of a “national climate emergency” mean for businesses?

President Biden is reportedly contemplating the declaration of a “national climate emergency” (NCE).  According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals.  But what are these options, and what practical effect would they have?

The most probable economic consequence of an NCE would be a further spike in energy prices.  An NCE would give President Biden access to several tools allowing him to restrict the trade, development, or extraction of fossil fuels.  …

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Emissions / EPA
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DC Circuit asked to say “ethaNO” to biofuel increases

Anything that reduces fuel emissions has to be good for the environment, right? WRONG!

The D.C. Circuit Court of Appeals is facing precisely this seeming anomaly, being asked by the Center for Biological Diversity (“CBD”) this past Wednesday to “review” (read: “halt” or “stop”) the Biden administration’s fuel blending standards, which they claim are a risk to endangered species.

For context, we go back 17 years to when the EPA enacted the Energy Policy Act of 2005, which required transportation fuels like gasoline and diesel …

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Emerging Issues / New York
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New York State Continues to Slow Down Accelerating Crypto Mining Industry Growth Upstate

Just weeks after both houses of the New York State legislature finally passed an environmental-conservation moratorium on new cryptocurrency mining operations (as previously reported by ELM here: New York is Ready to Attack Crypto Mining), the Department of Environmental Conservation (NYSDEC) announced its long-awaited decision concerning the air permit renewal application by a former coal-fired plant near Seneca Lake. The facility, purchased and refurbished by Greenidge Generation to run an extensive crypto mining business, has been dependent on roughly 17,000 servers. As previously addressed …

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Emerging Issues / General
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Lithium and Minerals Alert: To Mine or Not to Mine? The Perfect Paradox

In March, ELM posted on the burgeoning environmental conflict over plans to construct an open-pit lithium mine in Thacker Pass, Nevada — plans triggered by what has become a momentous shift away from an emissions-intensive, fossil-fuel based economy, to one powered by renewables. See: “Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium.”

Precipitated by the potential for domestically sourced minerals to foster homegrown energy and in turn breed income, twenty-first century prospectors have been flocking to the nation’s once abandoned mineral …

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