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88 FR 86382

United States v. Wyeth Holdings LLC, No. 2:23-cv-22922 (D.N.J. Dec. 6, 2023). Under a proposed consent decree, a settling CERCLA defendant that allegedly released hazardous substances at or from the American Cyanamid Superfund Site in Somerset County, New Jersey, causing injury to floodplains, riparian areas, and wetlands adjacent to the site and the biota supported by these habitats, must undertake and fund the “Duke Farms Forested Floodplain Restoration Project,” which will restore 112 areas of former farmland located upstream of the site on the Raritan River to a natural habitat, as well as pay for assessment and oversight costs.

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 84322

EPA announced the availability of the Draft National Strategy for Reducing Food Loss and Waste and Recycling Organics, developed by the Agency, USDA, and FDA to help prevent the loss and waste of food, where possible, increase recycling of food and other organic materials to support a more circular economy for all, reduce greenhouse gas emissions, save households and businesses money, and build cleaner and healthier communities.

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.

88 FR 83073

The Forest Service proposed to establish a new Forest Service Manual chapter and new direction for all types of monitoring activities across the National Forest System to track conditions and inform evidence-based decisionmaking and adaptive management.

88 FR 82287

EPA proposed revisions to the regulations for decabromodiphenyl ether and phenol, isopropylated phosphate (3:1), two of the five persistent, bioaccumulative, and toxic chemicals addressed in final rules issued under TSCA in January 2021.

88 FR 81410

EPA published statements of findings after its review of certain TSCA submissions from September 1, 2023, to September 30, 2023, that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment.

88 FR 80720

EPA entered into a proposed administrative settlement under CERCLA for the recovery of past response costs concerning the Seerley Road Fire Site in Indianapolis, Indiana.

88 FR 80715

EPA entered into a proposed CERCLA §122(g)(4) de minimus landowner administrative settlement agreement for parties associated with the Fansteel Metals/FMRI Superfund site in Muskogee, Oklahoma.