Just when we environmental old-timers were just getting used to talk about PFAS concentrations in the low parts per trillion range, EPA has moved us squarely into uncharted territory. EPA has released new, interim, lifetime drinking water health advisories of 4 parts per quadrillion for PFOA and 20 parts per quadrillion for PFOS. I’ll just
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Energy & Climate CounselFoley Hoag LLP The Battle Over California’s Authority to Set Vehicle Emission Standards Continues
EPA, States, and the auto industry are again ratcheting up the battle over California’s authority to set vehicle GHG and Zero Emission Vehicles program.
The Clean Air Act generally prohibits a state from adopting its own motor vehicle emission standards. However, since its inception, the CAA granted California the authority to request a waiver of
Will Evidence of a Coming Apocalypse Change Human Behavior?
I’m not much for apocalyptic thinking. I don’t think it’s productive. I have to confess, though, that this story about the Great Salt Lake got me thinking about whether human nature is such that the apocalypse is not that far away. It makes compelling reading. And viewing – do check out the video of what
Celebrating World Ocean Day
The ocean covers 71% of the planet and holds nearly 97% of the Earth’s water, and about 40% of the world’s population lives within 100 kilometers of the coastline. As reported in the Intergovernmental Panel on Climate Change’s (IPCC) Special Report on the Ocean and Cryosphere in a Changing Climate, “[t]he ocean is essential
EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar
Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020.
I’m going to focus on one in particular, because it could be a good test of just how far
Equity Action Plans: Government Agencies Prioritize Environmental Justice
In an effort to “redress inequities in [Federal] policies and programs that serve as barriers to equal opportunity,” the Biden administration has set forth an agenda to identify areas of improvement and advance equity across the Federal Government. On January 20, President Biden issued Executive Order 13985 which requires agencies to produce “Equity Action Plans”
California AG Launches Investigation into Fossil Fuel and Petrochemical Industries for Plastic Pollution
On April 28, 2022, the California Attorney General launched an investigation into the “fossil fuel and petrochemical industries for their role in causing and exacerbating the global plastics pollution crisis.” As a first step, the CA AG issued a subpoena to ExxonMobil, “a major source of global plastic pollution, seeking information relating to the company’s
The Drumbeat of PFAS Litigation Is Getting Louder
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar claims. Indeed, Massachusetts filed the case in South Carolina, where an existing multi-district litigation concerning PFAS is already in progress.
The complaint asserts
Finding the Path to a Necessary Future: CARB Chair Liane Randolph and ELI President Jordan Diamond Share Their Vision for California, Climate, and Energy in the Coming Decades
Join the California Air Resources Board (CARB), Environmental Law Institute (ELI), Foley Hoag LLP, and Baker Botts LLP for an intimate discussion with CARB Chair Liane Randolph and ELI President Jordan Diamond, two leaders in the field of environmental law and policy. Both are tackling significant and pressing environmental and public health challenges from different
Noise Isn’t an Inconvenience; It’s a Pollutant
I used to think that noise was something that grumpy old men complained about. Then I became a grumpy old man. And now I realize that noise really is a pollutant. And so I was pleased to see The Effects of Noise on Health. Spoiler alert; the effects are not positive. Noise has been