88 FR 88315
EPA proposed to promulgate an aquatic life designated use that includes propagation and protective water quality criteria for dissolved oxygen for Zone 3, Zone 4, and upper Zone 5 of the Delaware River.
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88 FR 86134
EPA approved Texas’ revisions to its Public Water System Supervision program that adopted the Agency’s drinking water rules for the Revised Total Coliform Rule and Ground Water Rule.
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.
Agrivoltaics as a Lifeline for Rural Farmers and California's Renewable Energy Goals
Agrivoltaics, the concept of using solar energy systems to enhance agricultural production and generate renewable energy on the same plot of land, offers a lifeline to beleaguered farmers and communities facing water shortages, cost increases, and marginal agricultural profitability. This concept seeks to aid California in its ambitious renewables portfolio standard, and could reduce the impacts of climate change and the toll agricultural operations take on the San Joaquin Valley’s groundwater resources.
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.