A case involving California’s regulation of pork could imperil states’ ability to regulate other industries, including energy. On October 11, 2022, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross. At issue is the constitutionality of California’s Proposition 12, which prohibits the sale in California […]
Environmental Pulse
Supreme Court Again Considers Scope of Clean Water Act
At issue in Sackett v. Environmental Protection Agency is whether a wetland lacking continuous surface connection to navigable waters qualifies as “waters of the United States.” On October 3, 2022, the U.S. Supreme Court heard oral arguments in its first case of the term, Sackett v. Environmental Protection Agency. A […]
EPA Proposes New Rule To Make PFAS a CERCLA “Hazardous Substance”
The proposed rule would impose significant liability for any site contaminated by PFAS. If adopted, this rule would have major consequences for manufacturers, brownfield-property owners, solid-waste managers, wastewater utilities, and landfills. The U.S. Environmental Protection Agency (“EPA”) recently initiated the process to designate two per- and poly-fluoroalkyl substances (“PFAS”) as […]
Uyghur Forced Labor Prevention Act Will Affect Imported Solar Modules
The Act affects compliance obligations for any importer whose supply chain touches the Xinjiang Uyghur Autonomous Region in China. The Uyghur Forced Labor Prevention Act (the “Act”) was adopted on December 23, 2021 and its import restrictions took effect on June 21, 2022. The Act’s purpose is to ban imports […]
U.S. Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions
In West Virginia v. Environmental Protection Agency, the court invalidated an Obama administration rule that had addressed greenhouse gas emissions from coal- and gas-fired power plants. This decision weakens the EPA’s rulemaking authority. In 2015, the EPA promulgated the Clean Power Plan, 80 Fed. Reg. 64,662 (the “CPP”), which limited […]