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Climate Change Disinformation Liability Under the Federal Trade Commission Act

Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.

88 FR 82287

EPA proposed revisions to the regulations for decabromodiphenyl ether and phenol, isopropylated phosphate (3:1), two of the five persistent, bioaccumulative, and toxic chemicals addressed in final rules issued under TSCA in January 2021.

88 FR 81410

EPA published statements of findings after its review of certain TSCA submissions from September 1, 2023, to September 30, 2023, that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment.

88 FR 78357

EPA announced the availability of and seeks comment on a white paper describing the benefits of the creation, submission, review, approval, and distribution of structured content and digital pesticide labels.

88 FR 78063

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

88 FR 78017

EPA announced the availability of and seeks comment on a document that announces several proposed changes to the Agency's Safer Choice Standard, including a name change to the Safer Choice and Design for the Environment Standard.

88 FR 76219

The Department of Health and Human Services proposed to revise its floodplain management procedures to include climate science if an action takes place in a floodplain. 

88 FR 74712

EPA proposed to prohibit all manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) and industrial and commercial use of TCE for all uses, with longer compliance time frames and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time limited exemptions); prohibit the disposal of TCE to industrial pretreatment, industrial treatment, or POTWs, with a time limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.

88 FR 74360

EPA added per- and polyfluoroalkyl substances subject to reporting under EPCRA and the Pollution Prevention Act pursuant to the National Defense Authorization Act for Fiscal Year 2020 to the list of Lower Thresholds for Chemicals of Special Concern.