88 FR 70516
EPA finalized reporting and recordkeeping requirements for per- and polyfluoroalkyl substances under TSCA.
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NEPA Litigation Over Large Energy and Transport Infrastructure Projects
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
Extracting Environmental Harm From Deep Seabed Mining
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
88 FR 65148
The Pipeline and Hazardous Materials Safety Administration extended the comment period by 60 days for the “Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM-265A)" advanced notice of proposed rulemaking.
88 FR 64884
The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.
88 FR 64972
DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.
88 FR 64429
EPA announced the availability of its proposed interim registration review decision for the pesticide tetrachlorvinphos.
88 FR 62395
United States v. Apex Building Co., Inc., No. 23-cv-7838 (S.D.N.Y. Sept. 5, 2023). Under a proposed consent decree, a settling TSCA defendant that conducted unlawful renovations work must perform injunctive relief and pay a $606,706 civil penalty.
88 FR 60206
EPA granted emergency exemptions under FIFRA for the use of certain pesticides to control pest outbreaks to Arizona, Hawaii, Michigan, Minnesota, and North Dakota, and denied emergency exemptions to Colorado and Nebraska.
88 FR 59662
EPA finalized several amendments to the PCB regulations, including an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste; amendment of the performance-based disposal option for PCB remediation waste; removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; and the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations.