Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.

Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.

On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing a stricter limit for the fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The annual exposure standard for PM2.5, currently set at 12 micrograms per cubic meter of air, will now be 9 micrograms per cubic meter, marking the first time in over eight years that EPA has strengthened any NAAQS. The rule is predicted to have many health benefits, such as preventing 4,500 premature deaths by 2032, which may particularly affect overburdened communities.

From cookware to dental floss to stain-resistant fabrics, PFAS, or per- and polyfluoroalkyl substances, pervade modern life. PFAS are a family of thousands of synthetic chemicals that have a variety of unique qualities that make them useful in industrial and consumer product applications. Unfortunately, there is a growing scientific recognition that many PFAS come with a cost to public health and the environment. While federal and state action is just beginning for PFAS and the regulatory landscape is changing quickly, the toxicity of many PFAS has been well-established.

The name of the climate game right now is fast, sustained progress. The world needs this both politically and technologically to effectively fight climate change. Progress was achieved both politically and technologically with the Inflation Reduction Act of 2022 (IRA), which allocated $369 billion to “energy security and climate change,” amounting to the United States’ largest investment in climate action to date.

Carbon offsets allow polluters to pay someone else to reduce, avoid, or remove emissions to counterbalance their own emissions. For some, carbon accounting concerns render offsets a necessary evil to be tightly regulated on the path toward decarbonization. For others, moral and political concerns render offsets a dangerous mistake to be thrown out of the climate law toolbox.

The Inflation Reduction Act (IRA) of 2022 added seven new sections to the Clean Air Act (CAA) and provided the U.S. Environmental Protection Agency (EPA) with substantial new authorities and resources. This Article examines these new amendments and the EPA-related provisions of the IRA, and explains the major implications of this historic legislation.

On October 29, 2021, the U.S. Supreme Court granted certiorari in West Virginia v. Environmental Protection Agency, a petition filed by several states and coal companies attacking the U.S. Environmental Protection Agency's (EPA’s) regulatory authority under the Clean Air Act (CAA). The Court’s holding in this case would determine EPA’s continued ability to use the CAA—including the national ambient air quality standard (NAAQS) program—as a climate change tool.

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly.

In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for Biological Diversity and 350.org submitted a citizen petition calling on the U.S. Environmental Protection Agency to take steps necessary to institute a national ambient air quality standard (NAAQS) for greenhouse gas (GHG) emissions under §§108-110 of the Clean Air Act (CAA). For 12 years, the petition was simply ignored. Then, the day President Donald Trump left office, outgoing EPA Administrator Andrew Wheeler issued a letter denying the petition.