89 FR 36853
The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.
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89 FR 37028
EPA finalized amendments to the procedural framework rule for conducting risk evaluations under TSCA to better align with the statutory text and applicable court decisions, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.
89 FR 36833
United States v. Sunoco Pipeline, L.P., No. 1:24-cv-00238-SJD (S.D. Ohio Apr. 29, 2024). Under a proposed consent decree, a settling CWA defendant must pay a civil penalty of $550,000 in addition to $1,250,000 to compensate for harm to natural resources in connection with crude oil escaping from a ruptured pipeline, contaminating waters of the United States, and causing damage to natural resources.
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 34241
EPA announced the availability of proposed interim registration review decisions and amended decisions for the following pesticides: Acephate, Captan, Ferbam, Thiram, and Ziram.
89 FR 32424
EPA entered into proposed consent decrees in Community In-Power and Development Ass'n Inc. v. EPA, No. 1:23-cv-02715 (D.D.C.) and ACC v. EPA, No. 1:23-cv-03726 (D.D.C.), that would establish deadlines for EPA to take action on subject risk evaluations under TSCA.
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 28769
EPA announced the availability of and seeks comment on the Agency’s draft human health and ecological risk assessments for the registration review of formaldehyde and paraformaldehyde.
89 FR 26879
EPA announced the availability of and seeks comment on an update to the interim guidance on the destruction and disposal of per- and polyfluoroalkyl substances (PFAS) and materials containing PFAS; the updated guidance builds on information pertaining to technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials, and identifies key data gaps and uncertainties that must be resolved before EPA can issue more definitive recommendations about PFAS destruction and disposal technologies.