The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of...more
The Environmental Research Institute of the States (“ERIS”) released a report titled: Findings of the 2024 Biennial ERIS Survey on State Environmental Agency Research Needs (“Report”)....more
The Alabama Department of Environmental Management (“ADEM”) and Evonik Corporation (“EC”) entered into a May 8th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-XXX-CAP. The...more
The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction. On April 9, 2024, the US...more
On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more
On 19 September 2022, a Cook County, Illinois jury awarded US$363 million to a plaintiff who alleged that her breast cancer was caused by emissions of ethylene oxide (EtO) from a Sterigenics facility in Willowbrook, Illinois....more
Companies using ethylene oxide (EtO) in their operations should be aware of the substantial increase in litigation and regulatory activities surrounding the compound and how those developments may affect their businesses....more
Illinois AG Kwame Raoul sued chemical manufacturer Chemtool Inc. over allegations that a six-alarm fire in its chemical factory resulted in air and water pollution in violation of the Illinois Environmental Protection Act...more
In the past two years, hundreds of lawsuits have been filed against companies based on their emissions of a chemical called ethylene oxide (often referred to as “EtO” or “EO”). Multiple facilities that handle EtO also have...more
Key Takeaways What: In late January, EPA took the initial step of posting status reports on 25 facilities previously identified as high-risk based on known ethylene oxide (EO) emissions and facility location. EPA has...more
The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more
Oregon moved to regulate air toxics with SB 1541, which became effective April 10, 2018. Regulations implementing the air toxics requirements were adopted by Oregon DEQ in November of 2018 and, as explained below, draft risk...more
Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more
Environmental and Policy Focus - California attorney general sues EPA over records on administrator - Washington Post - Aug 11 - California’s Attorney General Xavier Becerra sued the U.S. Environmental Protection...more
If you thought you had to wait until after the 2016 election to learn about the Environmental Protection Agency’s (EPA) next iteration of National Enforcement Initiatives—think again. The EPA has announced that, as of Oct. 1,...more
Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more
The U.S. Environmental Protection Agency (EPA) recently released a proposed rule that illustrates several of the agency’s Next Generation Compliance ideas in action. The proposed rule concerns hazardous air pollutant (HAP)...more
On April 22, 2014, a six-person jury in Dallas awarded a Texas family $2.925 million in a trial based on medical problems allegedly caused by natural gas development. While the case involved gas wells that had been...more
On Thursday, August 8, 2013, the Pennsylvania Department of Environmental Protection (DEP) released final air quality plan exemption criteria to be applied to unconventional natural gas wells (i.e., gas wells drilled into the...more
The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more