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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.

The Coastal Property Insurance Crisis

More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining availability and increasing costs constitute a coastal property insurance crisis.

Washington: Climate Change

The Department of Ecology proposed to adopt new regulations governing Climate Commitment Act funds reporting. The regulations would establish reporting requirements for recipients of funding from the Climate Commitment Act accounts to enable the Department to complete an annual report to the state legislature. A hearing will be held June 5, 2024. Comments are due June 28, 2024.

Virginia: Water

The State Water Control Board proposed amendments to regulations governing the water protection permit program and groundwater withdrawal. The amendments would introduce mandates for water auditing plans and leak detection and repair plans. A hearing will be held July 10, 2024. Comments are due July 19, 2024. See https://register.dls.virginia.gov/vol40/iss20/v40i20.pdf (pp. 1686-99).

Utah: Water

The Department of Natural Resources proposed amendments to regulations governing water conservation requirements and incentives. The amendments would clarify defined terms, add flexibility in minimum project sizes, expand evidence proving an applicant is a water end user under contract with a water provider, increase the maximum incentive to $2 per square foot, add notice and cure provisions for participants whose projects initially fail to conform with approved plans, and provide other clarifying language. Comments are due June 14, 2024.

Utah: Governance

The Department of Natural Resources proposed to adopt a new rule concerning grant funding for water infrastructure projects. The rule would outline the application and approval process for receiving grant money from the Division of Water Resources for the construction or improvement of water infrastructure projects. Comments are due June 14, 2024. See https://rules.utah.gov/wp-content/uploads/b20240515.pdf (pp. 155-58).

Rhode Island: Air

The Department of Environmental Management proposed amendments to regulations governing the state’s low-emission and zero emission vehicle programs. The amendments would specify the requirements for the programs that implement California’s vehicle emission standards under §177 of the CAA. Comments are due June 14, 2024. See https://rules.sos.ri.gov/Promulgations/part/250-120-05-37.