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Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role
As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the “Planet Versus Planet” match. These court cases can generally be broken down into three categories: (1) litigation…
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Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles
Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by the International Union for Conservation of Nature and Natural Resources suggests that between fifteen and thirty-one percent of plastics in the…
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Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA
As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental Protection Agency, which relates to EPA’s ability to regulate the fluorination of plastic containers under the Toxic Substances Control…
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Earth Week 2024, Round One – Nationwide Initiatives to Implement a Single-Use Plastics Ban
This year’s Earth Day theme is “Planet versus Plastics.” When most people think of plastic pollution, their minds likely conjure up an image of single-use plastics—such as grocery bags, beverage container rings, or discarded bottles—laying along a beach or public parkway. Yet even with these images in everyone’s mind, the United States has yet to…
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Let’s Get Ready to Rumble—Earth Day 2024–Planet versus Plastics
As we kick off Earth Day 2024, we look to this year’s Earth Day theme–“Planet versus Plastics.” Planet versus Plastics seeks to focus attention on the challenges that plastic pollution poses to the planet. In recognition of this theme, Jenner & Block’s Environmental, Workplace Health and Safety Practice is proud to present an entire week…
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SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom
Under rules adopted by the Securities and Exchange Commission earlier this month, public companies will soon be required to disclose a variety of climate-related information in registration statements and annual reports. In this client alert, we provide an in-depth discussion about the new rules, including key takeaways and suggesting next steps for companies to consider…
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U.S. EPA Finalizes PFAS Drinking Water Standards — Now What?
In what should come as a surprise to no one, on April 10, 2024, U.S EPA finalized its National Primary Drinking Water Regulation for six per- and polyfluoroalkyl substances (“PFAS”). These final standards are summarized below: Compound Final MCLG Final MCL (enforceable levels) PFOA Zero 4.0 parts per trillion (ppt) (also expressed as ng/L) PFOS…
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MethaneSat Joins Greenhouse Gas Monitoring Constellation
On March 4, 2024, MethaneSat, a satellite developed by a subsidiary of the Environmental Defense Fund that will locate and quantify methane emissions from oil and gas operations, was launched into orbit. According to the MethaneSat website, the satellite will be able to quantify regional-scale methane emissions from oil and gas operations down to areas…
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EPA Issues Stringent Emissions Standards for Light- and Medium-Duty Vehicles
On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of greenhouse gases (“GHGs”), hydrocarbons, non-methane organic gases (“NMOG”), nitrogen oxides (“NOx”), and fine particulate matter (“PM2.5”) from new passenger cars, light…
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EPA Lowers the PM2.5 NAAQS
On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more stringent standard replaces the prior primary annual PM2.5 NAAQS if 12.0 µg/m3, which were established in 2012. In support of lowering these…