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The Tyranny of Baselines

Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis.

Climate Corps: Skills-Based Training to Combat the Climate Crisis

Last September, the Biden Administration announced the American Climate Corps, a workforce training and service initiative with the goal of giving young people skills-based training for careers in the clean energy, conservation, and climate resilience sectors. The initiative will offer 20,000 Americans paid training in a variety of environmental fields, specifically prioritize equity and environmental justice, and collaborate with federal agencies, nonprofit organizations, and tribal, state, and local governments.

Pakootas v. Teck Cominco Metals, Ltd.

A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...

Vermont v. Exxon Mobil Corp.

A district court granted the state of Vermont's motion to remand to state court a climate misinformation suit brought against fossil fuel companies. The state initially sued in state court, arguing the companies violated the Vermont Consumer Protection Act by failing to inform consumers about the im...

89 FR 13717

EPA announced the availability of and seeks comment on the draft document titled "Technical Documentation for the Framework for Evaluating Damages and Impacts (FrEDI)," which provides technical documentation of a framework used to analyze future climate change-related impacts to the United States, projected to occur across multiple impact sector categories, geographic regions, and populations, under any custom temperature scenario.

89 FR 13379

United States v. Navistar, Inc., No. 1:24-cv-00285 (S.D. Ind. Feb. 13, 2024). Under a proposed consent decree, settling CERCLA defendants must reimburse the United States for response costs and are liable for future response costs regarding the release and threatened release of hazardous substances from a former waste oil collection, storage, and transfer facility in Indianapolis, Indiana.

89 FR 13080

EPA seeks public input on potential charge questions that the Agency could consider when consulting the e-Manifest Advisory Board regarding the operations of EPA's hazardous waste electronic manifest system.

89 FR 13091

United States v. Toa Alta, Puerto Rico, Municipality of, No. 3:21-01087 (D.P.R. Feb. 13, 2024). A proposed second stipulation and final order resolves two claims under RCRA and requires a settling defendant to remove and dispose of leachate in the Toa Alta landfill’s southeast cell and to pay a $50,000 civil penalty.

89 FR 12335

EPA entered into a proposed cost recovery settlement agreement under CERCLA with Jonathan Deck relating to the Frankfort Asbestos Superfund site located in Frankfort, New York.

89 FR 11275

EPA announced the availability of and seeks comment on the Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2022.