EPA published statements of findings after its review of certain TSCA submissions from September 1, 2023, to September 30, 2023, that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment.
EPA announced the availability of and seeks comment on a white paper describing the benefits of the creation, submission, review, approval, and distribution of structured content and digital pesticide labels.
United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs.
EPA announced the availability of and seeks comment on a document that announces several proposed changes to the Agency's Safer Choice Standard, including a name change to the Safer Choice and Design for the Environment Standard.
The Ninth Circuit, 2-1, affirmed a district court's grant of summary judgment for agricultural producers and businesses and a permanent injunction enjoining the California attorney general (AG) from enforcing Proposition 65's carcinogen warning requirement for the herbicide glyphosate. Plaintiffs ar...
The Eighth Circuit granted farming groups' petitions to review EPA's 2021 order banning agricultural use of the insecticide chlorpyrifos. The groups argued EPA's "rushed" decision to revoke all tolerances for chlorpyrifos, in response to a Ninth Circuit order directing the Agency to either revoke al...
United States v. Board of County Commissioners of Hamilton County, No. C-1-02-107 (S.D. Ohio Oct. 25, 2023). A proposed material modification to a consent decree under the CAA moves two projects back in priority order; changes the descriptions and design criteria for a few projects; adds a process to the Wet Weather Improvement Plan (WWIP) to address previously unidentified CSO or SSO outfalls; adds an additional short phase of work to the WWIP’s scheduling process; and makes a few clarifying changes to other aspects of the WWIP.
The Fifth Circuit affirmed summary judgment for the operator of a chemical storage facility in a lawsuit concerning the operator's 2019 oil spill into the Houston Ship Channel. Shipping companies that were forced to stop operations after the spill sued the operator, seeking economic loss damages und...
United States v. Revere, Massachusetts, City of, No. 1:10-cv-11460 (D. Mass. Oct. 25, 2023). Under a proposed first modification to a consent decree, a settling CWA defendant must update portions of its Comprehensive Wastewater Management Plan and Comprehensive Stormwater Management Plan by December 31, 2026.
EPA announced the preliminary designation of stormwater discharges from certain commercial, industrial, and institutional sites in two watersheds in Los Angeles County, California, for regulation under the CWA NPDES permitting program.