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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.

88 FR 73549

The Federal Trade Commission seeks comment on the overall costs, benefits, necessity, and regulatory and economic impact of its labeling requirements for alternative fuels and alternative fueled vehicles.

88 FR 71041

The Office of Science and Technology Policy seeks information to assist in developing a coordinated federal strategy to identify and address gaps in science, data, and research related to environmental justice.

88 FR 70310

The Internal Revenue Service proposed regulations that would provide guidance regarding certain clean vehicle credits as established by the Inflation Reduction Act.

88 FR 67870

FEMA proposed to amend its regulations to implement the Federal Flood Risk Management Standard and update the agency's eight-step decisionmaking process for floodplain reviews.

88 FR 67617

The president issued a memorandum to the heads of executive departments and agencies regarding the restoration of healthy and abundant salmon, steelhead, and other native fish populations in the Columbia River Basin.

The Business of Sustainability

This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen

The Environmental Justice Impacts of Plastic Pollution

Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI’s Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the environmental justice implications of continued production and disposal of plastics, and addressed key domestic and international policy efforts.