TSCA/FIFRA/TRI
“Environmental Justice: Operationalizing TSCA to Fulfill Its Destiny,” By Lynn L. Bergeson For The American College Of Environmental Lawyers (ACOEL) Blog: The Biden Administration has embraced environmental justice with unprecedented gusto. In its July 2020 Plan to Secure Environmental Justice and Equitable Economic Opportunity, the Biden Administration sets out in broad terms how it intends to use an “All-of-Government” approach to “rooting out systemic racism in our laws, policies, institutions, and hearts.” Read the full article online.
EPA Issues Final Compliance Guide Addressing Surface Coatings Under PFAS SNUR: On January 19, 2021, EPA announced the availability of a final compliance guide that outlines which imported articles are covered by EPA’s July 2020 final significant new use rule (SNUR) that prohibits companies from manufacturing, importing, processing, or using certain long-chain per- and polyfluoroalkyl substances (PFAS) without prior EP
Wednesday, February 17, 2021
Biden-Harris Administration Freezes Rules Pending Review
On January 20, 2021, Ronald A. Klain, Assistant to the President and Chief of Staff, issued a memorandum regarding “Regulatory Freeze Pending Review.” 86 Fed. Reg. 7424. For rules that have not yet taken effect, the memorandum directs the heads of executive departments and agencies to consider postponing the rules’ effective dates for 60 days from the date of the memorandum for the purpose of reviewing any questions of fact, law, and policy the rules may raise. For postponed rules, during the 60-day period, the memorandum asks agencies to consider opening a 30-day comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by those rules, and consider pending petitions for reconsideration involving such rules. Where necessary to continue to review these questions of fact, law, and policy, agencies should consider further delaying, o
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In the twilight of the Trump Administration, the Environmental Protection Agency issued an internal procedural rule entitled “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information.” The rule which is focused on EPA’s consideration of dose-response data, is widely predicted to have a limited shelf life. Congressional veto under the Congressional Review Act; EPA reconsideration, revocation and amendment or successful court challenges in already pending litigation can be anticipated. Nevertheless, the goals enunciated in the rule are worth pursuing, as they point the way to better EPA decision-making through greater science transparency. As the references cited and listed in the preamble reflect, the call for greater science transparency pre-dates the Trump Administration and extends well beyond EPA and the federal government.
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With help from Alex Guillén, Annie Snider and Eric Wolff
Editor’s Note: Morning Energy is a free version of POLITICO Pro Energy s morning newsletter, which is delivered to our subscribers each morning at 6 a.m. The POLITICO Pro platform combines the news you need with tools you can use to take action on the day’s biggest stories. Act on the news with POLITICO Pro.