LATEST INSIGHTS

United States Environmental Protection Agency sign on the Clinton building
Clean Power Plan / EPA
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EPA Takes Baby-Step Toward Replacing Clean Power Plan

Last month, the Environmental Protection Agency took the first miniscule step toward replacing the Obama-era Clean Power Plan (CPP) when it announced that it will seek public input on “the proper and respective roles of the state and federal governments” in setting emissions limits on greenhouse gases.

The CPP is a regulation set forth by the EPA under the Obama administration aimed at cutting greenhouse gas emissions from power plants. Among other things, the CPP sets a goal to reduce carbon dioxide emissions from power …

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Three hydro- fracking derricks drilling natural gas on a plain
Hydraulic Fracturing
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The Delaware River Basin Commission Moves Toward Fracking Ban

While the Trump administration has ushered in an era of deregulation on the environmental front, including proposals to repeal Obama era standards governing hydraulic fracturing on government land, the Delaware River Basin Commission (the DRBC) recently made headway in the other direction. On November 30, 2017, the DRBC approved a resolution that could lead to a ban on hydraulic fracturing in the Delaware River watershed, a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and Delaware. The DRBC is a …

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Litigation
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Paddling Upstream — Lawsuit Looking to Recognize the Rights of the Colorado River Dismissed

A novel approach to finding a plaintiff meets a quick end. In September 2017, an environmental group filed a lawsuit in Colorado federal court. That lawsuit sought to force the State of Colorado to “protect and defend” the Colorado River ecosystem. While that action itself is not original in any sense, the named plaintiff was. The suit claimed it was filed on behalf of “The Colorado River Ecosystem.”

Undeterred by the fact that the Colorado River is not a person, the lawsuit claimed the river …

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Climate Change
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The Social Cost of Carbon — A Crucially Important Number Few Have Heard of and its Potential Impact on Environmental Regulations

There is a number few have heard of underlying many environmental regulations that are directly related to climate change — the Social Cost of Carbon (SCC). As noted in a recent article in The Economist, climate economists refer to the SCC as “the most important number you’ve never heard of.” Essentially, the SCC attempts to capture in a single number how much “damage” a one-ton release of CO2 today will have in the future, expressed in today’s dollars. Of course, estimating the amount …

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Coal Ash
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Pain in the Ash: Citizens in Virginia and North Carolina Seek Protection from Hazardous Coal Ash Waste

Power companies in North Carolina and Virginia are currently battling with their neighbors over the best method to store coal ash waste.

Coal ash, also referred to as coal combustion residuals, is the resulting waste following the burning of coal in coal-fired power plants. The ash is often disposed of in surface impoundments, landfills, and nearby waterways. When improperly disposed of, coal ash is hazardous to the surrounding environment, as it contains contaminants like mercury, cadmium and arsenic. In the case of a coal ash …

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New Jersey / PFOA
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First for First’s Sake or Sound Policy? New Jersey Again Focuses on PFAS MCLs

A few weeks ago, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And now we come to you with the latest development in the realm of perfluoroalkyl and polyfluoroalkyl substances (PFASs). This past week, New Jersey scientists urged the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Support for …

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Clean Air Act / EPA
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It’s High Noon: Showdown Between States, EPA on Ozone Regulations

On Tuesday, December 5, 2017, 14 states — including California, New York, and Illinois — plus the District of Columbia filed suit in federal court in the Northern District of California against Scott Pruitt and the EPA. The states are trying to force EPA to announce a decision on whether all areas of the country are in or out of compliance with Clean Air Act ozone standards. According to the complaint, such designations trigger the steps necessary to protect the public from the various health …

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California
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Rounding Up a Posse? Industry Groups and Manufacturers Fight Back Against California Listing World’s Most Heavily-Used Agricultural Chemical a ‘Carcinogen’

Glyphosate is sprayed on more than 200 types of crops across four million acres in California, making it the most widely used herbicide in the state, according to the California Department of Pesticide Regulation. Globally, it’s available in hundreds of generic formulations from numerous companies, and accounts for 25 percent of all pesticide use worldwide. Glyphosate is a relatively simple molecule and breaks down easily. It works by targeting an enzyme found in plants, but not found in humans or animals. Last year, the US …

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Water Contamination
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PFAS Update: Class Actions Filed Stemming from Cape Fear River Contamination

Back in June, Environmental Law Monitor reported that GenX, the trade name for a class of perfluorinated alkylated substances (PFAS), had been detected in North Carolina’s Cape Fear River, a main supply source for the City of Wilmington’s drinking water, and that the US EPA and other state agencies had traced the PFAS upstream to the Chemours Company facility, Fayetteville Works, upstream. Federal and state authorities were investigating how long and at what detectable levels PFAS may have persisted in the Cape Fear River and …

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