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Smoke-stacks-view-from-above
Emissions / EPA
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Waste Not, Charge Not: EPA Finalizes Waste Emissions Charge for Petroleum and Natural Gas Industries

The Environmental Protection Agency announced on Nov. 12 its final rule to further reduce methane emissions from oil and gas industries as required under the Inflation Reduction Act. 

In particular, Congress established a Waste Emissions Charge for high-emitting oil and gas facilities once emissions exceed 25,000 metric tons of carbon dioxide equivalent per year to the Greenhouse Gas Reporting Program. Coupled with the final Clean Air Act standards issued in March, the Waste Emission Charge is a central component of EPA’s efforts to reduce methane …

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Emerging Issues
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A salted battery: will sodium-ion technology change the electric-power game?

We have relied upon lithium-ion batteries to power electric vehicles and mobile phones, among other things, almost since the inception of their respective industries. But the mining and processing necessary to manufacture these batteries provides one of their major drawbacks—not only does their production pose environmental and human costs, but their improper disposal can inject toxins into the environment.

Sodium, which is both cheaper and more environmentally friendly than lithium, recently emerged as a promising alternative. Sodium-ion batteries also last much longer than their lithium-based …

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Molecules
Emerging Issues
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What the TFA! Is Trifluoroacetic Acid Another “Forever Chemical” on the Rise?

A couple of months ago, our blog published an article on the exploding ubiquity of Trifluoroacetic acid (TFA) in the environment.

TFA is a breakdown product of several hydrochlorofluorocarbons (HCFC). It is regulated under the Montreal Protocol (MP), and hydrofluorocarbons (HFC) used mainly as refrigerants.

Trifluoroacetic acid is (1) produced naturally and synthetically, (2) used in the chemical industry, and (3) a potential environmental breakdown product of a large number (>1 million) chemicals, including pharmaceuticals, pesticides, and polymers.

In 2016, EPA stated that the “formation …

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Smoke from chimney
EPA / Litigation
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Frustrated by EPA’s Delay on Air Quality, Environmental Groups Tell the Agency: “NOx it Off!”

Nitrogen Oxide (NOx) is a very reactive, brown-hued gas commonly produced when fuels are burned at high temperature by motor vehicles, chemical plants, etc. Industries will often intentionally oxidize NOx to produce lacquers, dies, and Nitric Acid, which is basic component in both fertilizers and explosives. When NOx is released into the atmosphere as an industrial byproduct, the results contribute substantially to smog, ozone depletion, and acid rain. More directly, exposure to NOx by humans can result in respiratory difficulty and eye, nose, and throat …

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oil refinery
California / Regulations
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Law Gives California’s Energy Commission Ability to Nudge Oil Refiners to Make Better Inventory Decisions

California Gov. Gavin Newsom on October 14 signed into law Assembly Bill X2-1, significantly increasing the authority of the California Energy Commission (CEC) to create requirements for the state’s oil refiners to preserve minimum inventories of state-compliant refined transportation fuels.

Authored by assemblymembers Gregg Hart and Cecilia Aguiar-Curry in conjunction with Sen. Nancy Skinner, the law take effect in January 2025 and expands the powers of the recently created Division of Petroleum Market Oversite (DPMO) within the CEC.

DPMO was created last year as …

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Golden Gate bridge
Clean Water Act / EPA
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Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. (Audio of the roughly 90-minute proceedings can be found here.)

This case marks the court’s first look at the Clean Water Act following its decimation last term of the Chevron deference doctrine in Loper Bright Enterprises v. Raimondo (covered by ELM here), in which the court reversed long-standing precedent to hold that federal courts must exercise …

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Freight train on the railroad at sunrise. Aerial view
NEPA
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What’s Next For NEPA?

The U.S. Supreme Court last week scheduled oral arguments for December 10 in Seven County Infrastructure Coalition v. Eagle County, a highly anticipated case that focuses on whether a federal agency should be required to consider environmental effects that it does not have direct authority to regulate and that do not occur near the project itself. 

In other words, the court will determine whether the National Environmental Policy Act (NEPA) requires a federal agency to study environmental impacts beyond the proximate effects of the …

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Town-with-smog
California / Climate Change
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California Retains Jurisdiction Over Fossil Fuel Companies Named in Climate Change Lawsuits

The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s consumer protection laws.

While these lawsuits have had slight differences, one common theme running through them is the defense raised by the oil companies that state courts, like California’s, lack …

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emissions
Emissions / EPA
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U.S. Supreme Court Rejected Challenge to EPA Efforts to Curb Greenhouse Gas Emissions

On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being challenged in pending court proceedings, but three justices indicated they had concerns with the rule’s legality.

The October 16 order arises out the emergency stay applications filed by multiple Republican-led states, utility and coal industry groups after the D.C. Circuit Court rejected their stay bids in July. These parties …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Proposes Addition of More PFAS and PFAS Categories to Toxic Release Inventory

As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “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, we have blogged many times about the additions of various …

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