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89 FR 48774

EPA determined that Alabama’s coal combustion residuals permit program does not meet the standard for approval under RCRA. 

89 FR 47988

United States v. Union Carbide Corp., No. 1:24-cv-01463 (D. Colo. May 23, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $600,000 to reimburse response costs incurred at the Uravan Uranium Project Superfund Site in Montrose County, Colorado, and to comply with institutional controls and other requirements for property owned within the site. 

Building Food and Nutrition Security and Sovereignty

Development impacts many aspects of the food system, including where food is grown, how far food must travel, where distributors and retailers are placed, and who has access to fresh and nutritious food. By viewing development and its associated impacts through a sustainability and life-cycle lens, we can rethink the role of development and how communities can grow while fostering a strong, inclusive, affordable, accessible, and healthy food system. This Article focuses on the way local governments regulate development and how that impacts the food system.

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.

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.

89 FR 46908

United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements. 

89 FR 45806

The Pipeline and Hazardous Materials Safety Administration proposed overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. 

89 FR 43331

EPA updated the list of chemicals subject to toxic chemical release reporting under EPCRA and the Pollution Prevention Act to identify seven per- and polyfluoroalkyl substances that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020. 

89 FR 39124

EPA designated two per- and polyfluoroalkyl substances (PFAS)perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomersas hazardous substances under CERCLA. 

89 FR 38950

EPA established requirements for legacy coal combustion residuals (CCR) surface impoundments, as well as CCR management units at active CCR facilities and at inactive CCR facilities with a legacy CCR surface impoundment.