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We close out the Corporate Environmental Lawyer Blog s
weeklong celebration of Earth Day with the two federal programs
aimed at cleaning up existing toxic waste sites and preventing the
creation of new ones: the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 ( CERCLA ) and
the Resource Conservation and Recovery Act ( RCRA ). The
Trump Administration considered the remedial and regulatory roles
of the CERCLA and RCRA programs as core EPA functions, so it did
not target them for regulatory rollbacks like it did for many
[co-author: Nicole Hager]
On April 22, 2021, the U.S. Department of Energy (DOE) called for public comments on policies that the Administration should pursue to secure the U.S. electric grid from exploitation and attack by foreign adversaries. The DOE is seeking policy recommendations to assess threats and develop solutions, including whether to expand its authority to block certain utilities from obtaining electric equipment from adversary nations, such as the People’s Republic of China (PRC) and the Russian Federation. As part of its efforts, the DOE is considering requesting blocking authority to cover the electric distribution system and utilities that service critical infrastructure, including defense, communications, energy services, healthcare and public health, information technology, and transportation systems. Comments are due to the DOE by
NEPA, enforcement and civil rights
Increasing the Federal Government’s efforts to address current and historic environmental injustice
Consistent with these orders and policies, On April 7, 2021, the EPA Administrator, Michael Regan, directed all EPA offices to clearly integrate environmental justice considerations into their plans and actions. “Too many communities whose residents are predominantly of color, Indigenous, or low-income continue to suffer from disproportionately high pollution levels and the resulting adverse health and environmental impacts,” Regan said. “We must do better. This will be one of my top priorities as Administrator, and I expect it to be one of yours as well.”
Pete Caves; California To Lead Again In Emission Fairy-Tales - Withdraw Rule Empowers Left Coast Chicken Little s theautochannel.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from theautochannel.com Daily Mail and Mail on Sunday newspapers.
Monday, April 26, 2021
Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach: the U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA’s 2019 rule entitled “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule). NHTSA, “Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule).
DOT’s Press Release states that the move “aggressively” responds to President Biden’s January 20