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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.

What Goes Around Should Come Around: Extended Producer Responsibility for Textiles

As marketers across the fashion industry increasingly tout “circularity” initiatives, the reality remains that exponentially more clothes are being produced, purchased, and promptly thrown away than ever before. This Comment focuses on governmental responses to the environmental crisis created by textile waste that promote circularity in the fashion industry through extended producer responsibility (EPR) regulation of textiles.

U.S. and Global Methane Regulation

Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.

Virginia: Water

The State Water Control Board reissued, with amendments, the Virginia Pollutant Discharge Elimination System general permit for nonmetallic mineral mining. The amendments, among other things, update agency names and requirements, specify discharge procedures, adjust reporting protocols, and clarify definitions to improve consistency with federal regulations. See https://register.dls.virginia.gov/vol40/iss18/v40i18.pdf (pp. 1444-60).

New Hampshire: Waste

The Department of Environmental Services proposed to readopt, with amendments, regulations governing landfill requirements. The amendments would, among other things, clarify the requirements for landfill siting, design, operation, closure, and reclamation and include new requirements for leachate collection systems, stormwater management, odor control, deed notification, and operational reporting. A hearing will be held May 20, 2024. Comments are due June 5, 2024.

Maine: Natural Resources

The Department of Environmental Protection adopted amendments to regulations concerning coastal sand dunes. The amendments replace outdated references by citing the most recent coastal sand dune geology maps created by the Maine Geological Survey, reflecting the best scientific understanding of where coastal sand dunes, which are protected natural resources, exist in the state. See https://www.maine.gov/sos/cec/rules/notices/2024/042424.html.

Louisiana: Air

The Department of Environmental Quality proposed amendments to regulations governing emissions standards for asbestos. The amendment would clarify that isolated individual residences demolished by individuals or local governmental units are exempt from the requirements outlined in La. Admin. Code tit. 33, pt. III, §5151. A hearing will be held May 30, 2024. Comments are due June 6, 2024. See https://www.doa.la.gov/media/yplgic2f/2404.pdf (pp. 571-72).

Colorado: Toxic Substances

The Department of Agriculture adopted amendments to regulations governing the administration and enforcement of the Pesticide Applicators’ Act. The amendments clarify new federal certification categories under 40 C.F.R. Part 171 by differentiating the 309 Soil/Non-Soil Fumigation category into subcategories that address soil and non-soil fumigation applications and removing the term "agricultural" from the Aerial Pest Control category definition.