On January 23, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s motion to dismiss a petition filed by the American Chemistry Council (“ACC”) challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”) for perfluorooctanoic acid PFOA (0.004 ppt) and perfluorooctane sulfonic acid PFOS (0.02 ppt).
The
On March 3, 2023, the United States Environmental Protection Agency (“EPA”) published a memorandum requiring states to evaluate the cybersecurity of operational technology used by public water systems (“PWSs”) “when conducting PWS sanitary surveys or through other state programs.” EPA’s memorandum “interprets the regulatory requirements relating to the conduct of sanitary surveys to require that
Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel.
New York Governor Kathy Hochul signed the bill into law on December 30, 2022, which will officially eliminate the use of PFAS in all apparel by December 31, 2023. The law
GHG Emissions: DOE Announces $2.52 Billion in Funding for Carbon Capture Projects
On February 23, 2023, the Department of Energy (DOE) announced that two programs created to support the development of carbon capture technology will receive $2.52 billion in funding. The carbon management technologies in development include systems capture, transport, and storage of carbon dioxide
The final Scoping Plan (Plan) for New York State’s Climate Leadership and Community Protection Act (“CLCPA” or the “Act”) was passed overwhelmingly by the Climate Action Council (“Council” or “CAC”) on December 19, 2022. The vote was 19 to 3. The Scoping Plan provides recommendations to meet the Act’s mandates, including significantly reducing greenhouse gas
In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations. Committee to
In Arcadians for Environmental Preservation v. City of Arcadia (Feb. 16, 2023, No. B320586) ___Cal.App.5th___ [2023 Cal. App. LEXIS 103] the Second District Court of Appeal found no error in a trial court ruling that there had been a failure to exhaust administrative remedies where project opponents merely raised general environmental objections without identifying any reason
A new proposal aims to streamline the process for permitting and developing offshore renewable energy projects and reduce costs to developers.
By Janice Schneider, Nikki Buffa, Nathaniel Glynn, and Brian McCall
On January 30, 2023, the Bureau of Ocean Energy Management (BOEM) published a new proposed rule to update the agency’s regulations
COVID-19: SCOTUS Denies Tyson’s Petition to Keep COVID Cases in Federal Court
On February 21, 2023, the Supreme Court of the United States (SCOTUS) denied Tyson Foods, Inc.’s (Tyson) petition to keep in federal court several negligence cases alleging that the 2020 COVID-related deaths of workers employed at Tyson’s Waterloo, Iowa plant were caused by
Winners and losers will be selected by the marketplace and not by the Executive branch.