Monthly Archives: April 2022

CEQ Finalizes Phase I NEPA Regulations: Undoing Trump’s Regulations Is One Thing; Modernizing NEPA Is Another

Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations.  The final rule largely implements the proposed rule, though with some minor changes.  Since the final rule so closely tracks the proposal, I won’t repeat the analysis that I already provided regarding these changes. 

I will briefly repeat my concern that Phase II of the NEPA regulations is going to be very important. … More

Microplastics in the Lungs: The Next Asbestos or Are We Just Catastrophizing?

Two developments this week got me thinking about how our government deals – or fails to deal – with risk.  First, EPA proposed to ban the manufacture (including import) of chrysotile asbestos.  EPA’s authority for doing so is the Toxic Substances Control Act which provides that:  

if EPA determines through a TSCA section 6(b) risk evaluation that a chemical substance presents an unreasonable risk of injury to health or the environment,… More