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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 39124

EPA designated two per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under CERCLA. 

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 36832

United States v. French Limited, Inc., No. 4:89-cv-2544 (S.D. Tex. Apr. 26, 2024). A fourth modification to a 1990 consent decree under CERCLA concerning contamination at the French Limited Superfund Site near Crosby, Texas, revises work requirements, provides for the reimbursement to EPA of certain response costs, and provides for the disbursement to members of the working group of funds received by EPA in a bankruptcy settlement payment for the site.

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.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.