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The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

EPA Releases List of Known PFAS Chemicals Covered by New Reporting Rules

The US Environmental Protection Agency (EPA) published on January 26, 2024 a list of specific per- and polyfluoroalkyl substances (PFAS) that trigger reporting requirements under EPA’s recently promulgated Toxic Substances...more

California Requires Companies to Disclose Climate Change Risks, GHG Emissions

California Governor Gavin Newsom signed into law two watershed climate bills on October 7, 2023 that will require companies with significant revenue to make climate-related disclosures starting in 2026. The stated purpose of...more

Trio of Actions Set to Accelerate Zero-Emission Heavy-Duty Vehicle Markets and Fueling Infrastructure

The transportation sector has been identified as the single largest US source of greenhouse gas (GHG) emissions, and continues to be an area of focus in the nation’s decarbonization efforts. Due to heavy-duty vehicles...more

President Biden Directs Agencies to Increase Environmental Justice Efforts

US President Joseph Biden recently issued an executive order (EO) announcing additional environmental justice (EJ) initiatives. Most notably, the EO directs all agencies to take affirmative steps to identify and address EJ...more

Equity, Environmental Justice, and Civil Rights: Cornerstones of the Biden Administration’s Environmental Agenda

Recent action by the Biden administration has made clear once more that advancing equity, environmental justice, and civil rights is a key component of the environmental agenda that it seeks to address through a “whole of...more

EPA Kicks the Tires on Stricter Passenger Car Tailpipe Emission Standards

The proposed emissions requirements would be phased in over model years 2027 through 2032, drastically accelerating the nationwide transition to zero-emission vehicles (ZEVs) consistent with the Biden administration’s...more

California Finalizes Draft Supplemental Guidance on Vapor Intrusion Screening and Evaluation

The California Department of Toxic Substances Control (DTSC), State Water Resources Control Board, and San Francisco Bay Regional Water Quality Control Board (collectively, CalEPA VI Workgroup) published their final draft...more

California Air Resources Board Finalizes 2022 Scoping Plan

The California Air Resources Board approved its final 2022 Scoping Plan update on December 15, 2022. The plan is the most ambitious in the country in terms of proposed greenhouse gas reduction efforts, chiefly aiming to reach...more

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

California Bans PFAS in Textiles, Cosmetics but Governor Vetoes Reporting Requirement

California Governor Gavin Newsom signed into law two bills banning per- and polyfluoroalkyl substances (PFAS) in textiles and cosmetics on September 29, 2022, while simultaneously vetoing a bill that would have required...more

EPA Announces Creation of Office of Environmental Justice and External Civil Rights

US Environmental Protection Agency Administrator Michael Regan announced on September 24 that the agency is establishing a new national office focused on advancing environmental justice and civil rights....more

DC Circuit Denies Standing to Aftermarket Parts Manufacturers Challenging EPA Tampering Rules

Citing a lack of standing and no final agency action, the US Court of Appeals for the DC Circuit dismissed the petition of an association representing businesses that make and sell aftermarket racing parts seeking review of a...more

US Supreme Court Narrows Environmental Protection Agency’s Options for Climate Change Regulation

The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more

California Air Resources Board Unveils Plan to Achieve Carbon Neutrality by 2045

The California Air Resources Board’s proposal to reduce statewide greenhouse gas emissions calls for “squeezing the carbon out of every sector” of California’s economy....more

Seventeen States Challenge Reinstatement of California Emissions Waiver

The lawsuit challenges California’s authority to implement climate change–related vehicle emission standards and zero-emissions goals. Seventeen states filed a lawsuit in the US Court of Appeals for the District of Columbia...more

Energy Industry Turning to Carbon Management to Reach Net Zero, but Could Hit Environmental Hurdles

In December, the Biden-Harris administration signed an executive order that established five ambitious goals related to net-zero emissions. One of the ways the energy industry is seeking to meet those goals is through carbon...more

Environmental Protection Agency Reinstates California Emissions Waiver

In a move that was telegraphed at the outset of the Biden-Harris administration, the US Environmental Protection Agency announced March 9 that it is reversing a Trump-era decision to revoke California’s authority to set...more

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

2021 Year in Review: Automotive Industry

In 2021, the automotive industry was awash in change— driven by investment trends, new goals set by the Biden-Harris administration, and international electric vehicle–focused developments. Looking back, 2021 will be viewed...more

2021 Year in Review: Climate Change

The global impact of our planet’s changing climate garnered significant attention in 2021. The United States rejoined the Paris Agreement at the beginning of the year, and in November, during the United Nations Climate Change...more

Transportation Industry Looks to Hit Net Zero Emissions

Governments around the world have been committing recently to the greening of the transportation industry with a variety of net zero emission targets, funding proposals, and potential penalties and taxes....more

California Completes Revised Emergency Rulemaking to Address Metal Shredding Wastes

The California Department of Toxic Substances Control (DTSC) has completed the relaunch of an emergency rulemaking to refine the process by which metal shredding facilities determine when hazardous waste management...more

California Issues Emergency Rulemaking to Address Regulation of Metal Shredding Wastes

The California Department of Toxic Substance Control (DTSC) recently launched an emergency rulemaking amending California’s definition of scrap metal to align it with federal requirements and clarifying the process by which...more

Biden-Harris Administration Promoting EVs, Longer-Term Reductions in Tailpipe Emissions Standards

In a move that the Biden-Harris administration is promoting as a partial fulfillment of a campaign promise to cut US greenhouse gas emissions (GHGs) at least in half by 2030, President Joseph Biden signed a new executive...more

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