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Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement

The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.

89 FR 28218

The Mine Safety and Health Administration amended its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.

89 FR 27502

The National Highway Traffic Safety Administration proposed to establish two new federal motor vehicle safety standards specifying performance requirements for all motor vehicles that use hydrogen as a fuel source. 

89 FR 17537

The Pipeline and Hazardous Materials Safety Administration and NRC jointly seek comments on issues concerning requirements in the International Atomic Energy Agency regulations for the safe transport of radioactive materials. 

89 FR 15636

The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to update, clarify, improve the safety of, or streamline various regulatory requirements.

89 FR 11829

EPA announced the availability of and seeks comment on a document that describes its draft approach for implementation of the EPA label program for low embodied carbon construction materials.

89 FR 10019

DOI announced the dates of tribal consultation meetings to gather information to revise procedures for conducting natural resource damage assessment and restoration for hazardous substance releases.

89 FR 5572

The Bureau of Indian Affairs proclaimed approximately 1,483.03 acres as an addition to the reservation of Pascua Yaqui Tribe.