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Dismantling Roadblocks to a Sustainable Transition

Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to fill that gap through interviews, surveys, and focus groups with senior law firm partners experienced in advising green startups, senior pro bono counsel and staff, chief executive officers of early-stage green startups, and senior staff at nonprofit legal aid groups.

Annual Supreme Court Review and Preview

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.

88 FR 89309

EPA adjusted the level of the maximum and minimum statutory civil monetary penalty amounts under the statutes it administers. 

88 FR 83073

The Forest Service proposed to establish a new Forest Service Manual chapter and new direction for all types of monitoring activities across the National Forest System to track conditions and inform evidence-based decisionmaking and adaptive management.

88 FR 78747

EPA announced the availability of and seeks comment on a draft policy that updates the Agency’s 2003 Public Involvement Policy.

88 FR 78358

EPA announced a 60-day public comment period on the draft revision of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.

88 FR 77004

EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

Fighting Methane Emissions With the False Claims Act

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.

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.