89 FR 38950
EPA established requirements for legacy coal combustion residuals (CCR) surface impoundments, as well as CCR management units at active CCR facilities and at inactive CCR facilities with a legacy CCR surface impoundment.
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89 FR 36853
The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.
89 FR 37706
The Internal Revenue Service finalized regulations regarding federal income tax credits under the Inflation Reduction Act for the purchase of qualifying new and previously-owned clean vehicles.
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 32416
EPA denied a petition from the Center for Biological Diversity requesting that discarded polyvinyl chloride be listed as a hazardous waste under RCRA.
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.
Loper Bright/Relentless and the Future of Administrative Law
On January 17, the U.S. Supreme Court heard argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce.
89 FR 19952
EPA proposed to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives by reducing OB/OD of waste explosives and increasing control of air emissions.