Environmental Groups Sue White House Over NEPA Rule

On July 29, a number of environmental groups, including Earth Justice, Center for Biological Diversity, Environmental Defense Fund, and the National Wildlife Federation, filed suit in the U.S. District Court for the Northern District of California challenging the White House Council on Environmental Quality’s (CEQ) July 15 final rule revising its National Environmental Policy Act (NEPA) implementing regulations. A similar suit followed on June 30 by a different collection of environmental groups in the U.S. District Court for the Western District of Virginia. The CEQ’s final rule sets forth a significant shift in how the White House views the government’s duties and obligations under NEPA and is the first change its NEPA implementation regulations since 1978. Notably, the final rule expands projects categorically excluded from NEPA review, limits most Environmental Impact Statement reviews to two years, and removes an obligation for an agency to consider impacts that are not reasonably foreseeable or those that are “are remote in time, geographically remote, or the product of a lengthy causal chain.”

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Can the Yellow School Bus Go Green?

The Promise and Regulatory Challenges of Vehicle-to-Grid Technology

The classic yellow school bus is turning green. Electric buses may continue to grow in popularity, and the so-called “vehicle-to-grid” technology enables the new buses to both store and draw power. Listen to our latest episode of The Sidley Podcast for more on the subject, including:

  • How the innovative vehicle-to-grid technology is implemented
  • Who benefits from a business or an operational perspective
  • The regulatory obstacles to setting it in motion around the country

Join host and Sidley partner, Sam Gandhi, as he speaks with one of Sidley’s thought leaders on the subject, Ken Irvin, co-leader of Sidley’s global Energy practice, who represents clients on matters involving the wholesale electricity and gas markets. Ken has extensive experience representing businesses in investigations and regulatory proceedings before the Federal Energy Regulatory Commission (FERC).

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District Court Imposes Deadline on EPA to Issue “Good Neighbor” Plans for Ozone Compliance

On July 28, Judge John Koeltl of the U.S. District Court for the Southern District of New York ordered the U.S. Environmental Protection Agency (EPA) to issue Federal Implementation Plans for the 2008 ozone National Ambient Air Quality Standards (NAAQS) that fully address the “good neighbor” obligations under the Clean Air Act by March 2021. The plans will force upwind Northeastern states (Illinois, Indiana, Michigan, Ohio, Pennsylvania, Virginia, and West Virginia) to curb air emissions that otherwise impede the ability of neighboring downwind states (New York, Connecticut, New Jersey, and Massachusetts) from meeting the statutory July 20, 2021 attainment deadline set forth in the 2008 ozone NAAQS.

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EPA Issues Proposed Rule Addressing Greenhouse Gas Emissions From U.S. Aircraft

On July 22, U.S. Environmental Protection Agency (EPA or the Agency) Administrator Andrew Wheeler signed an advance notice of proposed rulemaking (ANPR) to promulgate regulations governing carbon dioxide and nitrous oxide (collectively, GHGs) emissions from American aircraft under the Agency’s Clean Air Act (CAA) section 231 authority. This is the first such rule from the Agency covering aircraft GHG emissions. The ANPR proposes GHG standards for U.S. aircraft that are consistent with those adopted by the International Civil Aviation Organization (ICAO) in 2017, which EPA and the Federal Aviation Administration helped to develop. EPA does not anticipate that the proposed standards will reduce fuel burn or GHG emissions beyond the current baseline because existing or expected aircraft fuel efficiency technologies that formed the basis of the 2017 ICAO standards already demonstrate technological feasibility.

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EPA Approves First Surface Disinfectants for On-Label Efficacy Claims Against the Novel Coronavirus

Updated July 31, 2020

As of July 31, the U.S. Environmental Protection Agency (EPA or the Agency) has approved 15 surface disinfectant products to make on-label claims of efficacy directly against the SARS-CoV-2 virus, the novel coronavirus that causes COVID-19. This marks the first time since the novel coronavirus pandemic began that EPA has reviewed and approved testing data on the SARS-CoV-2 virus itself. The registrants of these products, which include dilutable, ready-to-use, and wipe formulation types, can now update the product labeling registered with EPA to include directions for use and claims directly against SARS-CoV-2. The registrants will also be permitted to market and advertise their efficacy against the SARS-CoV-2 virus, consistent with all applicable EPA regulations. EPA has indicated that it is planning to review and approve on a rolling basis additional products for on-label claims against the SARS-CoV-2 virus. It has been processing these on an expedited basis since May.

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Washington State Identifies Products Subject to Safer Chemicals Law

Washington state’s Department of Ecology has identified 11 categories of products that are subject to the Safer Products for Washington program under Chapter 70.365 RCW, passed in 2019. Washington state has been among the most active states in the field of “green chemistry laws,” whereby state agencies seek to promote the transition to safer alternatives of toxic substances. The law potentially applies to any consumer product, defined as “any item, including any component parts and packaging, sold for residential or commercial use.” Exemptions are provided for inaccessible electronic components, motorized vehicles, food, drugs, chemicals used to produce agricultural commodities, and certain other goods.

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