The D.C. Circuit granted EPA's motion to dismiss an industry group's challenge to interim lifetime health advisories for two per- and polyfluoroalkyl substances in drinking water. The court found that the group identified alleged harm facing an indirect subsidiary of one of its members, but failed t...
The Office of Management and Budget, on behalf of the Interagency Policy Working Group on Statistics for Environmental-Economic Decisions, announced the availability of a finalized strategic plan on statistics for environmental-economic decisions.
The Tenth Circuit upheld a joint resolution passed by Congress and signed by President Trump that disapproved the Stream Protection Rule, which was adopted by DOI under the Obama Administration. Nonprofit groups argued that the Congressional Review Act (CRA), which Congress used to repeal the rule, ...
The Fifth Circuit affirmed a district court's remand to state court of a lawsuit concerning dredging operations in a ship channel near Corpus Christi. The port authority sued a dredging company in state court, alleging that the company's operations resulted in physical trespass and encroachments on ...
EPA announced the availability of and seeks comment on a draft white paper entitled “Availability of New Approach Methodologies (NAMs) in the Endocrine Disruptor Screening Program (EDSP),” developed pursuant to the Federal, Food, Drug and Cosmetic Act, which requires the Agency to develop a screening program, to determine whether certain substances may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or other endocrine effects.
The Bureau of Ocean Energy Management announced and seeks comment on its intention to change its bid adequacy procedures, which ensure the United States receives fair market value from outer continental shelf oil and gas lease sales, by discontinuing the use of both tract classification and delayed valuation methodology and using a statistical lower bound confidence interval, at the 90 percent confidence level, as a measure of bid adequacy.
EPA seeks comment and recommendations on the National Enforcement and Compliance Initiatives for fiscal years 2024-2027 (formerly called “National Compliance Initiatives”).
EPA adjusted the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the Agency administers.
DOT announced the statutorily-prescribed 2023 adjustment to civil penalty amounts that may be imposed for violations of certain Department regulations.
Numerous cities, states, and counties have sued fossil fuel companies, with claims based on evidence found in the companies’ own internal documents and statements. These companies have argued their public statements are protected by the First Amendment’s freedom of speech and right to petition clauses. This Article describes the current litigation, discusses the companies’ statements disseminated through various sources, and summarizes U.S. Supreme Court precedent and caselaw on commercial speech.