Category: Regulatory Developments

SEC Reopens Comment Periods Due to Computer Glitch

A computer glitch that caused some public comments not to be received by the Securities and Exchange Commission (SEC) has resulted in the agency’s reopening the comment period for 11 proposed rulemakings and one  request for comment. One of the impacted proposed rulemakings is the controversial climate-related disclosures, The Enhancement and Standardization of Climate-Related Disclosures […]

Speed-Limiter Rulemaking Among Top Industry Concerns

The Federal Motor Carrier Safety Administration’s (FMCSA) proposal for requirements for speed-limiting devices on commercial motor vehicles (CMVs) is among the top concerns in the trucking industry, according to a new American Transportation Research Institute (ATRI) report. On October 22, the ATRI released its 18th annual top industry issues report, identifying leading industry concerns, such […]

Kigali Amendment for HFC Emissions Gets Senate Approval

Last month, the U.S. Senate consented to ratification of the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. The vote, 69–27, showed strong bipartisan support for the measure. The United States will soon join 137 other countries that have already ratified the Kigali Amendment, according to a media note issued […]

FMCSA Seeks Input on Bus, Truck Electronic IDs

On September 23, the Federal Motor Carrier Safety Administration (FMCSA) asked for stakeholder input on a plan to require commercial motor vehicles (CMVs) to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number to the agency (87 Federal Register (FR) 58049).   The FMCSA said it is considering regulatory […]

Stricter Air Quality Regulations Ahead for Several States

Having failed to reach the 2008 National Ambient Air Quality Standards (NAAQS) for ground-level ozone by July 20, 2021, the EPA announced a final proposed action to downgrade the following five regions from “Serious” nonattainment status to “Severe”: Dallas-Fort Worth, TX Denver-Boulder-Greeley-Ft. Collins-Loveland, CO Houston-Galveston-Brazoria, TX Morongo Band of Mission Indians, CA New York-N. New […]

FMCSA Seeks Input on Logging Device Regulations

On September 16, the Federal Motor Carrier Safety Administration (FMCSA) issued a request for comments on its electronic logging device (ELD) regulations for commercial motor vehicles (CMVs) (87 Federal Register (FR) 56921). In an advance notice of proposed rulemaking, the agency revealed it is considering changes in the applicability for pre-2000 engines, addressing ELD malfunctions, […]

OMB Says EPA Proposed Rule to Designate PFAS As Hazardous Will Be Costly

The EPA’s proposed rulemaking to designate two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hit a snag after its Office of Management and Budget (OMB) review. The review identified the proposal as “economically […]

New SNUR Requirements Will Better Protect Worker Health

In July 2022, the EPA finalized amendments to its requirements for Significant New Use Rules (SNURs) to better protect the health of workers. One of the uses of SNURs is to require notice to the EPA before chemical substances and mixtures are used in new ways that might create health concerns. These amendments strengthen requirements […]

West Virginia Case Raises Questions About the Future of Administrative Law

Much news has been written about the U.S. Supreme Court’s (SCOTUS) June 2022 decision in West Virginia v. EPA. There have been dire headlines and equally dark predictions about what limited regulatory authority lies ahead for the EPA. In reality, the ruling has little to no impact on current EPA regulations. However, careful analysis of […]

Biden Gets Climate Win With IRA Passage

After passing the House and Senate, President Joseph Biden Jr. signed the Inflation Reduction Act (IRA) of 2022 into law on August 16, 2022. Although significantly pared down from its predecessor, the Build Back America bill, it is the largest federal commitment to date to address climate change. The law provides $369 billion in funding […]