Environmental and Energy Brief

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On March 15, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published its draft risk evaluation under the Toxic Substances Control Act (TSCA) for formaldehyde. This proposal is one of a series of risk evaluations EPA is conducting as required by the 2016 amendments to TSCA.
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On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final rules that will require domestic and foreign registrants to include extensive climate-related information in their registration statements and periodic reports.
The post SEC Finalizes Climate-Related Disclosure Rules Ushering in a New Era of Public Company Climate Reporting appeared first on Environmental and

In a 2–1 decision, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) largely vacated an Environmental Protection Agency (EPA) rule requiring 32 states to amend their Clean Air Act implementation plans (called State Implementation Plans, or SIPs) by removing provisions providing either exemptions or affirmative defenses to excess emissions

The California Air Resources Board (CARB) announced that it will hold a public workshop to discuss amendments to its Heavy-Duty (HD) Engine and Vehicle Omnibus (Omnibus) Regulation. The amendments have been proposed following extensive discussion between CARB and the Engine Manufacturers Association (EMA) during 2023, which culminated in CARB agreeing to revise its heavy-duty vehicle

California agencies issued a public notice that they will hold a workgroup to answer questions and engage with stakeholders on the agencies’ latest vapor intrusion guidance. The workgroup comes following years of confusion among stakeholders regarding the agencies’ application of draft guidance for addressing vapor intrusion, including during site cleanup and redevelopment.
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On February 7, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Clean Air Act lowering the primary (health-based) annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter 2.5 micrometers in diameter or smaller (PM2.5) from 12 to 9 micrograms per cubic meter (µg/m3). EPA asserts that the stricter

On February 9, 2024, the U.S. Army Corps of Engineers (Corps) published a proposed rule that would amend the Corps permitting regulations to follow the National Historic Preservation Act (NHPA) implementing regulations as developed interpreted by the Advisory Council on Historic Preservation (ACHP). Specifically, the Corps proposes removing its own NHPA regulations, Appendix C from

The Environmental Protection Agency (EPA or the Agency) is proposing to expand its authority under the Resource Conservation and Recovery Act (RCRA), including to extend its corrective action powers over an additional list of per- and polyfluoroalkyl substances (PFAS). Specifically, as part of the EPA PFAS Strategic Roadmap, EPA has prioritized development of a

On Wednesday, January 25, 2024, the U.S. District Court for the Northern District of California dismissed a challenge to a 2020 rule by the Environmental Protection Agency (EPA) revising regulatory requirements for water quality certification under Section 401 of the Clean Water Act. That rule came under challenge by environmental groups and Democratic-led states and

On Tuesday, January 23, 2024, the U.S. District Court for the Western District of Louisiana granted a preliminary injunction filed by the State of Louisiana seeking to halt the efforts of the Environmental Protection Agency (EPA) in imposing disparate impact-based mandates under Title VI of the Civil Rights Act in permitting decisions. The state contends