89 FR 39124
EPA designated two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under CERCLA.
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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.
89 FR 38873
NMFS announced the initiation of a five-year review for the non-U.S. distinct population segment of smalltooth sawfish under the ESA.
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.
89 FR 35769
NMFS proposed to modify the regulations for Marine Mammal Protection Act §104 permits, including scientific research, enhancement, photography, and public display permits and letters of confirmation.
89 FR 36982
FWS established a nonessential experimental population of the grizzly bear within the U.S. portion of the North Cascades Ecosystem (NCE) in the state of Washington under §10(j) of the ESA in order to support the reintroduction, recovery, and conservation of the species within the NCE.
89 FR 36832
United States v. French Limited, Inc., No. 4:89-cv-2544 (S.D. Tex. Apr. 26, 2024). A fourth modification to a 1990 consent decree under CERCLA concerning contamination at the French Limited Superfund Site near Crosby, Texas, revises work requirements, provides for the reimbursement to EPA of certain response costs, and provides for the disbursement to members of the working group of funds received by EPA in a bankruptcy settlement payment for the site.
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.