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89 FR 39254

EPA finalized a rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use under TSCA. 

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 37224

EPA announced the availability of proposed interim registration review decisions for bromine, and proposed final registration review decisions for agrobacterium radiobacter, polybutene resins, and porcine zona pellucida. 

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 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 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.