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88 FR 62395

United States v. Apex Building Co., Inc., No. 23-cv-7838 (S.D.N.Y. Sept. 5, 2023). Under a proposed consent decree, a settling TSCA defendant that conducted unlawful renovations work must perform injunctive relief and pay a $606,706 civil penalty.

88 FR 60206

EPA granted emergency exemptions under FIFRA for the use of certain pesticides to control pest outbreaks to Arizona, Hawaii, Michigan, Minnesota, and North Dakota, and denied emergency exemptions to Colorado and Nebraska.

88 FR 59662

EPA finalized several amendments to the PCB regulations, including an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste; amendment of the performance-based disposal option for PCB remediation waste; removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; and the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations.

88 FR 52040

EPA established tolerances for residues of the herbicide imazapic in or on rice, bran and rice, grain.

88 FR 51352

United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.

88 FR 51333

The Advisory Council on Historic Preservation adopted its Policy Statement on Climate Change and Historic Preservation.

Making Net Zero Matter

This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.

88 FR 50444

EPA proposed to lower the dust-lead hazard standards from ten micrograms per square foot (µg/ft2) and 100 µg/ft2 for floors and window sills to any reportable level as analyzed by a laboratory recognized by the Agency's National Lead Laboratory Accreditation Program in accordance with a 2021 Ninth Circuit opinion.

The Dangers of Underscoping Risk

In 4°C, Ruhl and Craig effectively argue that governance measures, particularly adaptation planning, will fall short if institutions fail to embrace the real possibility that the planet will blow well past 2° Celsius (°C) above pre-industrial temperatures. Further, they argue that 4°C is a better target for adaptation planning because this metric better captures the future risk the nation faces. Ruhl and Craig are keenly aware that serious talk of a possible 4°C future will almost certainly trigger accusations of “doomism” from various critics.