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The Tyranny of Baselines

Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis.

Climate Corps: Skills-Based Training to Combat the Climate Crisis

Last September, the Biden Administration announced the American Climate Corps, a workforce training and service initiative with the goal of giving young people skills-based training for careers in the clean energy, conservation, and climate resilience sectors. The initiative will offer 20,000 Americans paid training in a variety of environmental fields, specifically prioritize equity and environmental justice, and collaborate with federal agencies, nonprofit organizations, and tribal, state, and local governments.

89 FR 13717

EPA announced the availability of and seeks comment on the draft document titled "Technical Documentation for the Framework for Evaluating Damages and Impacts (FrEDI)," which provides technical documentation of a framework used to analyze future climate change-related impacts to the United States, projected to occur across multiple impact sector categories, geographic regions, and populations, under any custom temperature scenario.

89 FR 13755

The National Science Foundation seeks input to inform the development of an implementation plan to advance a key recommendation of the Ocean Climate Action Plan regarding marine carbon dioxide removal research.

89 FR 12837

EPA seeks comment on draft guidance to clarify and inform future NPDES permitting actions for communities with combined sewer systems. 

89 FR 12066

The Army Corps of Engineers proposed to establish agency specific procedures for its implementation of principles, requirements, and guidelines for water resources investments in response to congressional direction provided in authorizing language in the Water Resources Development Act of 2020.

89 FR 11275

EPA announced the availability of and seeks comment on the Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2022. 

89 FR 9866

United States v. Lowell, Massachusetts, City of, No. 1:24-cv-10290 (D. Mass. Feb. 5, 2024). Under a proposed consent decree, a settling CWA defendant that allegedly engaged in unpermitted and illegal discharges from its wastewater collection system and small municipal separate storm sewer system must take measures necessary to achieve and maintain compliance and pay a $200,000 civil penalty for past noncompliance. 

89 FR 8249

United States v. Guam Waterworks Authority, No. 04-00004 (D. Guam Jan. 30, 2024). Under a proposed partial consent decree, a settling CWA defendant that discharged excess pollutants from and failed to maintain its wastewater system must implement an estimated $400 million in wastewater collection system improvements and conduct a feasibility study for improvements to the Hagåtña wastewater treatment plant. 

89 FR 8248

United States v. Holly Energy Partners-Operating, L.P., No. 5:24-cv-00107 (W.D. Okla. Jan. 29, 2024). Under a proposed consent decree, settling CWA defendants that allegedly discharged about 300,000 gallons of crude oil into Skull Creek near Cushing, Oklahoma, must pay $7.4 million in civil penalties and perform corrective measures to remedy the violations.