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Too Little Too Late: Underregulation of Contaminants of Emerging Concern

Underregulation is a common and persistent environmental law problem, with recent scholarly focus on individual contaminants of emerging concern (CECs), whose harm is not fully known. But little attention has been given to the general trend of underregulation with respect to these chemicals, or explaining why this systematic underregulation occurs. This Article posits that federal agencies have been unacceptably slow to initiate protective regulations, and even once regulations are promulgated, they leave regulatory gaps that continue to expose populations to harmful effects.

The Past, Present, and Future of Women in Environmental Law

The field of environmental law has seen many changes over the years, with demonstrable legal and policy victories for cleaner air and water. While the face of the environmental movement in its beginnings was predominantly male, women have become more prominent and influential within environmental law and policy over the decades.

87 FR 73557

EPA Region 9 revised its delegation agreements with the Maricopa County Air Quality Department and Pima County Department of Environmental Quality for implementation of the federal CAA PSD permitting program, authorizing the agencies to continue to conduct PSD review for proposed new and modified major stationary sources, issue initial federal PSD permits, and revise existing federal PSD permits, subject to the terms and conditions of the applicable delegation agreement.

87 FR 73488

FWS reclassified the northern long-eared bat as an endangered specifies under the ESA, and removed its species-specific rule issued under §4(d) of the Act.

87 FR 73475

EPA added 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act.

87 FR 73588

BLM proposed new regulations to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on federal and Indian leases.

87 FR 73311

The Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services announced the opening of a docket to obtain comments and suggestions to update the CDC Framework for Program Evaluation in Public Health and associated resources.

87 FR 73323

The Bureau of Ocean Energy Management announced that it will open and publicly announce bids received for blocks offered in the Cook Inlet Planning Area Outer Continental Shelf Oil and Gas Lease Sale 258 as required by the Inflation Reduction Act of 2022.

87 FR 73322

The Bureau of Ocean Energy Management announced the availability of the record of decision for the Cook Inlet Outer Continental Shelf Oil and Gas Lease Sale 258, identifying the alternative for Lease Sale 258 that excludes the 17 outer continental shelf blocks wholly or partially overlapping beluga whale and northern sea otter critical habitats.

87 FR 72906

FERC proposed revisions to its regulations for engineering and design materials for liquefied natural gas facilities related to potential impacts caused by natural hazards.