On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level of 12 micrograms per cubic meter (μg/m3) to 9 μg/m3. Once published, the Final Rule is certain to be challenged in
OSHA Provides Webinar and Instructional Materials to Instruct Employers On New Obligations in Using OSHA’s Injury Tracking Application (ITA) to Submit Form 300A, Form 300, and Form 301 Data
By Adam R. Young, James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: As a new update this year, certain employes are required to submit OSHA Form 300, 301 and 300A online. OSHA recently offered a webinar on using it’s Injury Tracking Application (ITA) to submit this data.
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Hawaii Considers $25 Climate Tax
It’s a very small price to pay to preserve paradise
EPA Proposes to Regulate PFAS under RCRA Corrective Action
On February 8, 2024, U.S. EPA proposed two new significant regulations that would expand its authority to require cleanup of per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The scope of the proposed regulations and the potential facilities affected are discussed below.
Background on RCRA Program
To understand the potential
Agricultural Law Weekly Review—February 26, 2024
Explore the Center’s updated Waters of the United States Virtual Resource Room and Waters of the United States Issue Tracker!
Water Quality: Federal Court Vacates EPA, FWS Actions Allowing Florida to Assume Clean Water Act Wetland Authority
On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion granting
Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products
As we’ve posted here before, by statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s notification requirements for products containing intentionally added PFAS, which is effective January 1, 2025. The
DOE Announces $100 Million in Funding to Accelerate Carbon Removal
On February 12, the U.S. Department of Energy (DOE)’s Office of Fossil Energy and Carbon Management (FECM) announced that it will award up to $100 million to support U.S. pilot projects and testing facilities demonstrating and scaling carbon dioxide removal (CDR) technologies. The funding will support projects and facilities that remove carbon dioxide (CO2) directly
EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents
On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is finalized, the nine PFAS (PFOA, PFOS, PFBS, GenX, PFNA, PFHxS, PFDA, PFHxA, and PFBA) would be among the hazardous constituents subject to corrective action at
Agricultural Law Weekly Review—February 20, 2024
Pesticides/Herbicides: EPA Issues Existing Stocks Order for Three Dicamba Products After Registration Vacatur 
On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an existing stocks order for the dicamba-based herbicides XtendiMax, Enginia, and Tavium following vacatur of the herbicides’ registrations. See ALWR—Feb. 13, 2024, “District Court Issues Order Vacating Three Dicamba Registrations.”
Shale Law Weekly Review—Week of February 19, 2024
Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the