Tug-of-War: EPA and States Take Opposing Action on 1,4-Dioxane

On June 28, 2019, the EPA released its draft risk evaluation for 1,4-Dioxane. The EPA’s initial determination was that 1,4-Dioxane poses no unreasonable risks to the environment and no unreasonable risks to occupational non-users. However, the EPA also concluded that the chemical presents unreasonable risks to workers in certain circumstances. The same day, the California Department of Toxic Substances Control held a public workshop on 1,4-Dioxane risks, and the department is actively considering further regulation. Just two days earlier, the New York legislature
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Summer of Discontent – EPA looks to eliminate California Air Resources Board

Despite an effort by the automotive industry, the Environmental Protection Agency (EPA) is set to finalize a proposal that would freeze fuel economy standards at roughly 37 miles per gallon for the next six years, rather than raising them to nearly 51 miles per gallon for 2025 models. The rule would also revoke California’s existing waiver to set its own rules under the Clean Air Act, a practice the federal government has allowed for decades. “As we acknowledged earlier this
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The Replacements: DC Circuit Partially Vacates EPA’s HFC Rule

Last week, the U.S. Court of Appeals for the D.C. Circuit invalidated part of a 2016 EPA rule that made hydrofluorocarbons (HFCs) unacceptable for various uses in aerosols, automobile air conditioners, commercial refrigerators, and foams. In the waning years of the Obama presidency, EPA made an effort to combat climate change by enacting two rules restricting the use of HFCs, which are greenhouse gases. EPA claimed it had authority to do so under Title VI of the Clean Air Act.
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EPA Proposes Rollback of Mercury Regulations

Last week of 2018, during the partial government shutdown and holiday lull, many may have missed a significant development in the environmental law arena – a proposal by the EPA to rollback an Obama-era regulation to reduce mercury pollution from the nation’s coal-fired power plants. ​The 2011 rule, called the Mercury and Air Toxics Standards(MATS), was promulgated by the prior administration and intended to address the negative effects of mercury on human health and the environment by requiring power plants to reduce emissions of mercury and other toxins by more than 90 percent over 5 years. The regulation focused on
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