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Category: Environmental Law

Supreme Court Declines to Take up Challenges to Invalidation of EPA HFC Rule

Wed Oct 17th, On Environmental Law, by

On October 9th, 2018 the United States Supreme Court declined to hear an appeal to reverse the D.C. Circuit Court of Appeals’ decision to vacate a rule by the U.S. Environmental Protection Agency (EPA) forcing companies that use hydrofluorocarbons (HFCs) in products like spray cans and refrigerators to swap them out for an EPA-approved alternative. While he was not part of the Supreme Court’s decision to deny certiorari, newly-appointed Justice […]

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State Regulatory Authority under the New Toxic Substances Control Act

Two years ago, the Toxic Substances Control Act (TSCA) was significantly overhauled with bipartisan support in Congress, and with substantial support from the chemical industry. The EPA has now begun implementing the “New TSCA,” also known as the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), which was officially signed into law by President Obama in 2016 (15 U.S.C. 2601 et seq.). One of the most […]

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EPA Revisits Clean Air Act Interpretation

Wed Sep 26th, On Environmental Law, by

In 2017, the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) vacated a 2015 rule issued by the Obama Administration’s Environmental Protection Agency (EPA) intended to target greenhouse gas emissions by forcing companies that use hydrofluorocarbons (HFCs) in products like spray cans and refrigerators to swap them out for an EPA-approved alternative.  The D.C. Circuit stated that, while Section 612 of the Clean Air Act (CAA or […]

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EPA Updates Definition of Solid Waste under the Resource Conservation and Recovery Act

Wed Sep 19th, On Environmental Law, by

On May 30, 2018 the United States Environmental Protection Agency (EPA) enacted a final rule updating the definition of solid waste under the Resource Conservation and Recovery Act (RCRA). The change comes as a result of a series of court orders issued by the U.S. Court of Appeals for the D.C. Circuit in the matter of American Petroleum Institute v. EPA (D.C. Cir. No. 09-1038). The case arose when numerous environmental and […]

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