88 FR 77004
EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives.
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88 FR 76858
United States v. Board of County Commissioners of Hamilton County, No. C-1-02-107 (S.D. Ohio Oct. 25, 2023). A proposed material modification to a consent decree under the CAA moves two projects back in priority order; changes the descriptions and design criteria for a few projects; adds a process to the Wet Weather Improvement Plan (WWIP) to address previously unidentified CSO or SSO outfalls; adds an additional short phase of work to the WWIP’s scheduling process; and makes a few clarifying changes to other aspects of the WWIP.
88 FR 75330
United States v. Revere, Massachusetts, City of, No. 1:10-cv-11460 (D. Mass. Oct. 25, 2023). Under a proposed first modification to a consent decree, a settling CWA defendant must update portions of its Comprehensive Wastewater Management Plan and Comprehensive Stormwater Management Plan by December 31, 2026.
88 FR 75282
EPA announced the preliminary designation of stormwater discharges from certain commercial, industrial, and institutional sites in two watersheds in Los Angeles County, California, for regulation under the CWA NPDES permitting program.
Leveraging Earth Law Principles to Protect Ocean Rights
Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.
Fighting Methane Emissions With the False Claims Act
This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.
88 FR 74712
EPA proposed to prohibit all manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) and industrial and commercial use of TCE for all uses, with longer compliance time frames and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time limited exemptions); prohibit the disposal of TCE to industrial pretreatment, industrial treatment, or POTWs, with a time limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.
88 FR 74360
EPA added per- and polyfluoroalkyl substances subject to reporting under EPCRA and the Pollution Prevention Act pursuant to the National Defense Authorization Act for Fiscal Year 2020 to the list of Lower Thresholds for Chemicals of Special Concern.
88 FR 74292
EPA proposed to amend the procedural framework rule for conducting risk evaluations under TSCA to better align with applicable court decisions and the statutory text, reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.