The immediate and long term failure of state and local governments’ attempts to ban natural gas in homes and businesses
Settlement Portends Broad Failure in Attempts to Ban Natural Gas
Fifth Circuit Vacates EPA’s Orders Regulating PFAS under Significant New Use Rule
The Fifth Circuit issued a decision vacating two EPA orders directing Inhance Technologies (Inhance) to close its barrier technology facilities. As its basis for issuing the orders, EPA had identified Inhance’s fluorination process as a “significant new use” that presented an unreasonable risk of injury to human health and the environment due to its creation
Arizona Chamber of Commerce and GOP Leaders Challenge EPA’s PM-2.5 Standard in Court
by Patrick Paul, Shawane Lee, and John Habib
In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the Environmental Protection Agency (EPA) over its new PM-2.5 standard. The petition for review
Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is adding expensive new sites to the National Priorities List, while also anticipating new costs resulting from PFAS regulation and
PADEP Proposes Key PFAS Amendments to Act 2 Regulations
On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations under Chapter 250 of the Pennsylvania Code. Included in the rulemaking are cleanup standards for select new Per- and Polyfluoroalkyl substances (PFAS): Gen-X (Hexafluoropropylene Oxide
BRAZILIAN FEDERAL GOVERNMENT CREATES INTER-INSTITUTIONAL COMMITTEE TO DEVELOP BRAZILIAN SUSTAINABLE TAXONOMY
On March 25, 2024, the Brazilian federal government published Decree No. 11.961/2024, establishing an advisory and deliberative group, the Brazilian Sustainable Taxonomy Interinstitutional Committee (“CITSB”), which will coordinate the development and implementation of the Brazilian Sustainable Taxonomy (“TSB”). The TSB will establish a classification system for sustainable projects and activities, providing standardized terminology for companies,
EUROPEAN COMMISSION ADOPTS DELEGATED REGULATION RELATING TO SUSTAINABILITY DISCLOSURES FOR STS SECURITISATIONS
On 5 March 2024, the European Commission adopted a delegated regulation that will supplement the EU Securitisation Regulation with regulatory technical standards (“RTS”) in relation to simple, transparent and standardised (“STS”) securitisations where the underlying exposures are residential loans or auto loans or leases. The RTS specify the content, methodologies and presentation of information related
Update on RGGI in Pennsylvania
In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of Environmental Protection (“DEP”) and Environmental Quality Board (“EQB”).
Later that year, various parties—including power producers, coal mine owners, and labor unions (collectively,
USEPA Seeks Public Comment on Proposed Information Request to POTWs
USEPA announced today the intention, under Clean Water Act authority, to issue an information request to the largest publicly owned sewage treatment works (POTWs). USEPA seeks public comment on the proposal by May 28, 2024. The first step would be an electronic questionnaire to about 400 POTWs. Questions will focus on industrial users discharging to
Agricultural Law Weekly Review—March 25, 2024
Food Labeling: USDA Publishes Final ‘Product of USA’ Rule for Meat, Poultry, and Eggs 
On March 18, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published in the Federal Register a final rule (89 FR 19470) amending 9 C.F.R. §§ 317, 381, and 412 to “generically