Batteries play a fundamental role in energy storage, and currently nearly 99 million lead acid batteries are manufactured each year. This past Wednesday, U.S. Environmental Protection Agency (EPA) issued a proposed rule in the Federal Register relating to air emissions
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Court Cites “Major Questions” Doctrine when Striking Down Biden “Social Cost of Carbon” Efforts
The “major questions” doctrine is likely to substantially affect environmental law. The “major questions” doctrine provides that for “major policy question[s] of great economic or political importance, Congress must either: (i) expressly and specifically decide the major policy question itself…
EPA Administrator Michael Regan Emphasizes the High Priority EPA Places on Environmental Justice Issues
In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we…
Ninth Circuit Decision Illustrates the Extent to Which “Justice” Issues Have Entered the Regulation Conversation
The Biden Administration has indicated that the U.S Environmental Protection Agency (EPA) will include environmental justice issues among its priorities. EPA defines “environmental justice” as meaning fair treatment and meaningful involvement of people regardless of their race, color, national origin,…
EPA Affirms its Intention to Hold Property Management Companies Responsible for Lead-Based Paint Safety Requirements for Renovations
Property management companies (PMC) need to pay attention to a recent change in the U.S. Environmental Protection Agency’s (EPA) enforcement discretion concerning liability from renovations that could encounter lead-based paint. EPA has announced a change to its enforcement priorities for…
EPA Announces Policy Aimed at Uniformly Incorporating Endangered Species Act Requirements into New Pesticide Registration Determinations
On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, the Agency’s review of applications for new pesticide active ingredients (AI) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) will uniformly incorporate analysis under…
Key Takeaways for the Regulated Community from the Supreme Court’s Vaccine Mandate Decisions
As our colleagues have noted, the U.S. Supreme Court’s two vaccine-mandate-related decisions impact employers and have significant public health implications.
Outside of the public health context, both decisions ― in cases styled National Fed. of Independent Businesses v. Occupational…
SCOTUS Says Stop: Enforcement of OSHA Vaccine-or-Test Mandate for Large Employers Blocked
On January 13, the U.S. Supreme Court granted emergency relief to plaintiffs challenging OSHA’s COVID-19 Emergency Temporary Standard (ETS), and issued a stay on enforcement of the rule.…
Tenth Circuit Decision Could Pave the Way for More Frequent Clean Air Act Enforcement
EPA Expands the List of Clean Air Act Hazardous Air Pollutants
On January 5, EPA added 1-bromopropane (1-BP), which is also called n-propyl bromide, to the list of Hazardous Air Pollutants (HAP) under the federal Clean Air Act. 1-BP is used as a substitute for other HAPs in dry cleaning and…