88 FR 47125
NMFS seeks stakeholder input to inform the operationalization of the national Equity and Environmental Justice Strategy in the Southeast region.
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88 FR 47003
The Office of Natural Resources Revenue republished and revised certain subparts of its regulations to implement an order and judgment from the United States District Court for the District of Wyoming that vacated the federal and Indian coal valuation provisions of the 2016 Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform rule.
88 FR 46773
The Department of Commerce, via NOAA, seeks input on how to enhance NOAA’s delivery of climate data, information, science, and tools and ensure that this delivery is equitable and accounts for the needs and priorities of a diverse set of user communities as they engage in climate preparedness, adaptation, and resilience planning.
88 FR 45417
EPA announced the availability of and seeks comment on draft guidance to expand the availability of virucidal claims for antimicrobial pesticides and provide framework for registrants who seek to make such claims.
88 FR 45900
EPA entered into a proposed settlement agreement under the CWA and the APA in Gunpowder Riverkeeper v. Regan, No. 1:20-cv-02063 (D.D.C.), concerning allegations that the Agency's approval of Maryland’s submission of TMDLs of PCBs for the Gunpowder and Bird Rivers was arbitrary and capricious in violation of the APA.
88 FR 44852
The Mine Safety and Health Administration proposed to amend its existing regulations to better protect mine workers against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards.
88 FR 43309
NOAA revised its Consultation Handbook describing procedures for government-to-government consultation with federally recognized Indian tribes, and updated an associated NOAA Administrative Order (NAO 218-8) and the Indigenous Knowledge guidance.
Judicial Remedies for Climate Disruption
This Article, adapted from the Climate Science and Law for Judges Curriculum, examines the status and viability of judicial remedies in climate change litigation. It focuses on climate cases that are seeking science-based remedies specifically related to climate mitigation (actions to reduce greenhouse gas emissions or draw down atmospheric carbon) and climate-change adaptation (actions to reduce the negative impacts of climate disruption on human and natural communities).
West Virginia, the Inflation Reduction Act, and the Future of Climate Policy
In June 2022, in West Virginia v. Environmental Protection Agency, the U.S. Supreme Court announced that on “major questions” the U.S. Congress must legislate with far more clarity and specificity than previously demanded. The Court held the U.S. Environmental Protection Agency (EPA) may regulate power plant carbon emissions in traditional ways, but the novel approach taken in the Clean Power Plan required clearer authorization than Congress had provided. Six weeks later, Congress enacted the Inflation Reduction Act (IRA).
Federal Environmental Justice Legislation and Regulations
With passage of the Inflation Reduction Act and Water Resources Development Act of 2022, the statutory landscape has changed to reflect the Biden Administration’s emphasis on environmental justice. On February 27, 2023, the Environmental Law Institute (ELI) and ELI’s Pro Bono Clearinghouse co-hosted a panel of experts who explored how communities can leverage the statutory changes that have taken place, what decisions have been left up to agencies, and how proposed legislation, like the Environmental Justice for All Act, will affect future environmental justice efforts.