88 FR 75530
The Forest Service proposed to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.
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88 FR 73841
EPA announced the availability of three near-term strategies the Agency is taking to further implement its obligations and commitments under the Federal Food, Drug, and Cosmetic Act to screen for and protect against endocrine disrupting effects in humans, and seeks additional endocrine data on two groups of active ingredients currently undergoing registration review.
88 FR 73549
The Federal Trade Commission seeks comment on the overall costs, benefits, necessity, and regulatory and economic impact of its labeling requirements for alternative fuels and alternative fueled vehicles.
88 FR 67870
FEMA proposed to amend its regulations to implement the Federal Flood Risk Management Standard and update the agency's eight-step decisionmaking process for floodplain reviews.
NEPA Litigation Over Large Energy and Transport Infrastructure Projects
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
Extracting Environmental Harm From Deep Seabed Mining
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
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 64884
The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.
88 FR 64972
DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.
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.