Vinyl Institute, Inc. v. Environmental Protection Agency
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...
Natural Resource Damages Under CERCLA and OPA
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.
Net Metering of Rooftop Solar: A Jurisdictional Challenge on the Horizon
The total electricity generated by rooftop solar has increased tenfold over the past decade, and the number of American homes with rooftop solar increases by the day. Despite the rapid rise of solar, in 2022, total solar generation, including small-scale rooftop solar and large-scale utility solar, only made up 3.4% of the American electricity grid, while fossil fuels made up the majority. This Comment argues that the U.S.