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Building Food and Nutrition Security and Sovereignty

Development impacts many aspects of the food system, including where food is grown, how far food must travel, where distributors and retailers are placed, and who has access to fresh and nutritious food. By viewing development and its associated impacts through a sustainability and life-cycle lens, we can rethink the role of development and how communities can grow while fostering a strong, inclusive, affordable, accessible, and healthy food system. This Article focuses on the way local governments regulate development and how that impacts the food system.

Annual Review of Chinese Environmental Law Developments: 2023

In China, the year 2023 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Qinghai-Tibet Plateau Ecological Protection Law, revision of the Marine Environmental Protection Law of the People’s Republic of China, and adoption of a series of judicial interpretations. This Comment summarizes some of the year’s major developments.

Why Sustainability Needs Antitrust

Sustainability promotes decisions that balance social, environmental, and economic values; antitrust seeks to preserve and promote commercial competition.

89 FR 47792

The Internal Revenue Service proposed regulations relating to the clean electricity production credit and the clean electricity investment credit established by the Inflation Reduction Act of 2022 to provide rules for determining greenhouse gas emissions rates resulting from the production of electricity; petitioning for provisional emissions rates; and determining eligibility for these credits in various circumstances.

89 FR 44976

EPA provided notice of upcoming public meetings that will be jointly held by the White House Environmental Justice Advisory Council and the White House Environmental Justice Interagency Council, consistent with Executive Order No. 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All. 

89 FR 36853

The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.

89 FR 37706

The Internal Revenue Service finalized regulations regarding federal income tax credits under the Inflation Reduction Act for the purchase of qualifying new and previously-owned clean vehicles. 

Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement

The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.

89 FR 28218

The Mine Safety and Health Administration amended its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.