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The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

89 FR 21519

EPA entered into a proposed administrative settlement agreement for remedial investigation addendum/focused feasibility study under CERCLA associated with the Smeltertown site near Salida, Colorado. 

89 FR 19952

EPA proposed to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives by reducing OB/OD of waste explosives and increasing control of air emissions. 

89 FR 19602

United States v. Ameren Corp., No. 1:24-cv-00047 (E.D. Mo. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $6,074,739 and certain settling federal agencies must pay a further $600,798 for costs the United States incurred responding to releases of hazardous substances at the Missouri Electric Works Superfund site in Cape Girardeau, Missouri. 

89 FR 19358

United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River. 

89 FR 18669

United States v. Crowley Marine Services, Inc., No. 2:24-cv-00307 (W.D. Wash. Mar. 7, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must purchase credits in a habitat restoration project constructed along the Lower Duwamish River, pay a total of $210,000 for natural resource damages, and pay $64,325.63 to reimburse assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located along and near the river. 

89 FR 18626

DOE notified interested parties of its intent to launch a Voluntary Carbon Dioxide Removal Purchasing Challenge. 

89 FR 15868

EPA announced the availability of and seeks comment on a draft document titled “EPA Criteria for Product Category Rules to Support the Label Program for Low Embodied Carbon Construction Materials.” 

Anne Arundel, Maryland v. BP P.L.C

The Fourth Circuit affirmed a district court order remanding to state court two climate deception lawsuits against oil and gas companies. City and county governments in Maryland initially sued in state court, alleging the companies used and promoted fossil fuel products while knowing, concealing, an...

Avoiding Performative Climate Justice

Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice.