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Environmental Response Trusts: Surrogate for Federal and State Regulators?

Acoel

A common result of corporate bankruptcies is the creation of environmental response trusts or “ERTs”. ERTs are created to address environmental issues for which the bankrupt company has responsibility. RACER recognized that, to achieve its mission, it was best to work cooperatively with its regulators.

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

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Why this First Nation is Right to Sue the Alberta Energy Regulator over Last Year’s Toxic Tailings Leak

Enviromental Defense

Instead of informing downstream communities, the Alberta Energy Regulator (AER) helped Imperial cover up the spill for over nine months. By failing to inform the community about the toxic leak, the lawsuit argues, the regulator failed to protect these guaranteed rights. They have spectacularly failed on this front.

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Maine, Massachusetts, and Maryland Expand Utility Regulators’ Mandate to Include Climate Considerations, Marking an Emerging Trend by State Legislatures

Law and Environment

These efforts mark an emerging trend of legislative bodies directing utility regulators to help advance climate policies. This enhanced vision of utility regulation gives me hope in the fight against climate change. Second, there is already some evidence that utility regulators are willing to act on such climate mandates.

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EPA considering petition to require submittal of efficacy data for neonicotinoids and other systemic insecticides

Environmental News Bits

Environmental Protection Agency (EPA) announced that it is accepting comments on a petition for rulemaking submitted by the Public Employees for Environmental Responsibility (PEER), the American Bird Conservancy (ABC), and several other groups.

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Moving the Needle on PFAS Regulation

Vermont Law

The litigation uncovered internal company records showing that DuPont knew of PFOA’s significant health risks but withheld the information from regulators and the public. Comprehensive Environmental Response, Compensation, and Liability Act. A Congressional Response? State Regulation, Lawsuits, and Industry Pushback.

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Permitting CO2 Pipelines: Overcoming State and Federal Barriers to CO2 Pipeline Networks

Law Columbia

The Sabin Center for Climate Change Law ’s latest paper, Permitting CO 2 Pipelines: Assessing the Landscape of Federal and State Regulations , assesses the legal framework for developing CO 2 pipelines to support DAC Hub projects.