On April 28, 2022, the California Attorney General launched an investigation into the “fossil fuel and petrochemical industries for their role in causing and exacerbating the global plastics pollution crisis.” As a first step, the CA AG issued a subpoena to ExxonMobil, “a major source of global plastic pollution, seeking information relating to the company’s role in deceiving the public.” The stated purpose of the investigation is to “target companies that have caused and exacerbated the global plastics pollution crisis,… More
Monthly Archives: May 2022
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar claims. Indeed, Massachusetts filed the case in South Carolina, where an existing multi-district litigation concerning PFAS is already in progress.
The complaint asserts a number of different claims, including trespass and nuisance,… More
Finding the Path to a Necessary Future: CARB Chair Liane Randolph and ELI President Jordan Diamond Share Their Vision for California, Climate, and Energy in the Coming Decades
Join the California Air Resources Board (CARB), Environmental Law Institute (ELI), Foley Hoag LLP, and Baker Botts LLP for an intimate discussion with CARB Chair Liane Randolph and ELI President Jordan Diamond, two leaders in the field of environmental law and policy. Both are tackling significant and pressing environmental and public health challenges from different perspectives. Our moderator will lead a conversation about how these two women got to this distinguished point in their careers,… More
I used to think that noise was something that grumpy old men complained about. Then I became a grumpy old man. And now I realize that noise really is a pollutant. And so I was pleased to see The Effects of Noise on Health. Spoiler alert; the effects are not positive. Noise has been linked to adverse health effects ranging from cardiovascular disease to impaired cognition. … More
Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.” Furthermore, she complained that:
Addressing this crisis requires flexibility and creativity. … Federal environmental responsibilities, such as the National Environmental Policy Act (NEPA), can slow, discourage, or prevent these creative solutions. We must streamline the NEPA process as much as possible,… More
Late last month, FERC issued a notice of proposed rulemaking. Its intent is to “remedy deficiencies in the Commission’s existing regional transmission planning and cost allocation requirements.” In short, it’s time for a 21st Century grid that actually accommodates changes in how electricity is being generated.
I’m not sure I can improve much on FERC’s own summary of the NOPR:
the proposal would require public utility transmission providers to (1) conduct long-term regional transmission planning on a sufficiently forward-looking basis to meet transmission needs driven by changes in the resource mix and demand;… More
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or injunctive relief. I don’t think that the decision would even have been newsworthy, if it hadn’t required that the Court overrule its 1991 decision in North and South Rivers Watershed Ass’n v.… More