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Green Steel and Global Trade: Legal Pathways and Policy Barriers in the Low-Carbon Transition

The iron and steel sector contributes nearly 7% of global anthropogenic GHG emissions. As global climate commitments tighten and industrial decarbonization becomes urgent, green steel, produced using low-carbon alternatives such as green hydrogen and renewable electricity, has emerged as a potential solution. This Comment explores how national and international regulations are shaping the future of green steel, focusing on the interplay between climate policy and trade law.

Examining State Climate Superfund Legislation

There has been an influx of “climate superfund” bills introduced and adopted in state legislatures across the country. Modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), these laws are designed to recover costs from large emitters of greenhouse gases (GHGs) to pay for climate adaptation infrastructure.

Using Institutional Controls in Anticipation of Superfund Site Disasters

Understanding the nearly impossible task of containing contaminants from Superfund sites, it is imperative to find solutions in anticipation of disasters that scientists project will only increase in magnitude and frequency. This Comment proceeds in six parts. Part I identifies the challenge of increasing natural disasters and their impact at Superfund sites, which are toxic havens. Part II identifies efforts that the U.S. Environmental Protection Agency (EPA) and other federal agencies have taken to make Superfund sites more climate-resilient.

Natural Resource Damages Under CERCLA and OPA

Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.

Strengthening Superfund Cleanups With Land Use Institutional Controls

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.

EPA’s New Particulate Matter Standard

On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing a stricter limit for the fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The annual exposure standard for PM2.5, currently set at 12 micrograms per cubic meter of air, will now be 9 micrograms per cubic meter, marking the first time in over eight years that EPA has strengthened any NAAQS. The rule is predicted to have many health benefits, such as preventing 4,500 premature deaths by 2032, which may particularly affect overburdened communities.

Subsidies for Direct Air Capture: Lessons From the Solar Industry

The name of the climate game right now is fast, sustained progress. The world needs this both politically and technologically to effectively fight climate change. Progress was achieved both politically and technologically with the Inflation Reduction Act of 2022 (IRA), which allocated $369 billion to “energy security and climate change,” amounting to the United States’ largest investment in climate action to date.

Resilient Carbon

Carbon offsets allow polluters to pay someone else to reduce, avoid, or remove emissions to counterbalance their own emissions. For some, carbon accounting concerns render offsets a necessary evil to be tightly regulated on the path toward decarbonization. For others, moral and political concerns render offsets a dangerous mistake to be thrown out of the climate law toolbox.

The Oak Ridge Cleanup: Protecting the Public or the Polluter?

The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?