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88 FR 85530
EPA proposed to establish new and revised human health water quality criteria for certain pollutants in the state of Florida.
88 FR 85326
United States v. Chattanooga, City of, No. 1:12-cv-00245 (E.D. Tenn. Dec. 3, 2023). A proposed modification to an existing consent decree concerning a settling CWA defendant’s alleged violations with respect to the city's POTWs extends certain deadlines to achieve compliance with the consent decree while adding significant remedial projects that must be completed within five years.
88 FR 85364
The Federal Highway Administration amended its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets for the greenhouse gas emissions associated with transportation and report on progress toward the achievement of those targets.
88 FR 84878
EPA proposed revisions to the National Primary Drinking Water Regulation for lead and copper under the SDWA, including requiring water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures.
88 FR 83937
EPA Region 6 announced an initial revised designation determination that stormwater discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and Los Alamos National Laboratory property in Los Alamos County and Santa Fe County, New Mexico, are contributing to violations of New Mexico water quality standards and require NPDES permit coverage under the CWA.
Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech
The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.
Climate Change Disinformation Liability Under the Federal Trade Commission Act
Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.
Unpacking the Revised WOTUS Rule
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.