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89 FR 15868

EPA announced the availability of and seeks comment on a draft document titled “EPA Criteria for Product Category Rules to Support the Label Program for Low Embodied Carbon Construction Materials.” 

Avoiding Performative Climate Justice

Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice.

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.

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.