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In December 2023, the U.S. Supreme Court (SCOTUS) declined to hear a case challenging the EPA’s authority to address climate pollution under the Clean Air Act (CAA). The Concerned Household Electricity Consumers Council (CHECC) and the FAIR Energy Foundation (Fair), the two groups requesting SCOTUS review, have taken a well-known stance that denies the integrity […]
Last month, the EPA announced settlements with two interstate trucking companies over claims of violating the California Air Resources Board (CARB) Truck and Bus Regulation. Capurro Trucking and Republic Services operate diesel-fueled heavy-duty trucks in California and other states. The EPA alleges the companies failed to install controls to reduce pollution, upgrade model year engines, […]
On December 27, 2023, the EPA published annual inflationary increases to the fine amounts for civil penalties assessed under its authority. Federal agencies have been required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by them since 1996. Adjustments to the penalty amounts are […]
After a four-year process, on December 28, 2023, the EPA signed a final rule that grants the state of Louisiana authority, known as primacy, for the permitting, compliance, and enforcement of Class VI (carbon sequestration) wells as part of the Underground Injection Control Program (UIC). The rule will likely facilitate carbon capture and storage (CCS) […]
The Biden administration is sending mixed messages to the U.S.-based semiconductor industry—providing funding to jump-start innovations in the industry while the EPA continues to create new regulations that prohibit or ban the necessary chemicals needed for chip production. In August 2022, the Biden administration signed the CHIPS and Science Act into law, which provided $280 […]
In the fourth quarter (Q4), the EPA finalized 206 settlement agreements with companies small and large across the United States. This represents a significant decrease in enforcement actions—down from 515 penalties—issued in Q3 for 2023. The actions taken resulted in $4,289,749.25 in fines. Here are some of the highlights. CAA violations yield biggest fine from […]
In November 2023, the EPA published final updates to its “Implementing Regulations” under Section 111(d) of the Clean Air Act (CAA). The Implementing Regulations set timelines and other requirements for state plans to limit pollution from existing sources under Section 111. The updates apply to state plans developed for all emissions guidelines published after July […]
On December 21, 2023, the U.S. Court of Appeals for the District of Columbia agreed to pause lawsuits seeking to end the mandatory California-led phase-in of electric heavy-duty trucks until the court rules on separate suits filed to decide whether various aspects of mandating electric passenger cars and light pickup trucks is lawful. “Judges Michelle […]
The EPA recently released a proposed rule to further protect people from exposure to two chemicals that are persistent, bioaccumulative, and toxic (PBT). Both chemicals—decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1))—are already subject to risk management rules under the Toxic Substances Control Act (TSCA). The proposed rule would impose workplace safety protections […]
On December 1, 2023, the EPA issued orders to Inhance Technologies LLC (Inhance) directing it not to produce per- and polyfluoroalkyl substances (PFAS), chemicals that are created in the production of its fluorinated high-density polyethylene (HDPE) plastic containers. “This action, taken under the authority of the Toxic Substances Control Act (TSCA), will help protect the […]