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The Business of Sustainability

This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen

88 FR 65148

The Pipeline and Hazardous Materials Safety Administration extended the comment period by 60 days for the “Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM-265A)" advanced notice of proposed rulemaking.

88 FR 64429

EPA announced the availability of its proposed interim registration review decision for the pesticide tetrachlorvinphos.

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 60356

The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025.

“Sustainable” Fashion's True Colors: A Proposal for “Restyling” the FTC Green Guides

The fashion industry continues to grow exponentially, along with marketers’ use of false and misleading claims about “sustainability” and other environmental attributes of fashion garments. This Article explores recent instances of greenwashing in the industry and other countries’ efforts to address the issue, and proposes specific ways that the Federal Trade Commission (FTC) should improve its guidelines for environmental marketing claims and expand enforcement.

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.