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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 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.

89 FR 25901

United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80. 

89 FR 22972

EPA seeks comments and information to assist in the potential development of regulations for the manufacture, processing, and distribution in commerce of lead for wheel-balancing weights under TSCA. 

Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

89 FR 21970

EPA issued a rule under TSCA to address the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. 

89 FR 20918

EPA proposed to require manufacturers of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to help inform EPA’s responsibilities pursuant to TSCA. 

89 FR 19358

United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River.