News, Updates & Blog Posts - Page 8 of 11 - Chicago-Kent Journal of Environmental and Energy Law

On October 15, 2020

The state of Alaska’s 2018 request to exempt Tongass National Forest from environmental protections has cleared a major step in its evaluation process.[1] The U. S. Forest Service released a study indicating that loosening protections would not have significant impacts on Tongass, though environmental advocates are skeptical of its conclusions.[2] The Service’s Final Environmental Impact Statement considered several alternatives, but ultimately recommended a full exemption to the Roadless Rule for Tongass.[3]

Seeking Exemption to the Roadless Rule, a Clinton-Era Protection of National Forests

National Forest System lands are protected by the 2001 Roadless Rule, which “establishes prohibitions on road construction, road reconstruction, and timber harvesting on 58.5 million acres” of public land.[4] After weighing national policy concerns against giving discretion to local decisionmakers, the final rule was adopted in 2001 with the intention of providing lasting protection.[5] It concluded that local exemptions to nationwide protections could have significant negative impacts on lands subject to roadless protections.[6] The rule therefore opted for complete protection of 58.5 million acres of “roadless” areas, comprising just two percent of the United States’ continental landmass.[7] Successive Alaskan administrations, however, have pushed for Roadless Rule exemptions, and the current proposal would open 9 million of Tongass’ 16 million acres to commercial activity.[8]

A drone video showed how the dust cloud spread from the Crawford demolition site and descended onto Little Village homes. (Alejandro Reyes/YouTube)

Illinois Attorney General, Residents Sue Hilco Over Little Village Dust Cloud Implosion

On October 13, 2020

Hilco Development Partners (“Hilco”) is facing several lawsuits as a result of the recent implosion of a smokestack in April, when a dense plume of dust covered the Little Village Neighborhood.[1]

The Illinois Attorney General (“AG”) filed a lawsuit in May alleging that the smokestack demolition emitted, “mercury, sulfur dioxide, nitrogen oxides, particulate matter, and other pollutants.”[2] The effects of pollutants such as mercury can have severe effects on human health, depending on age and exposure.^[3] The AG seeks to enjoin Hilco to take “all necessary corrective action that will result in a final and permanent abatement of violations.”[4] Although the complaint was filed in May 2020, Hilco has been granted several extensions to build its case.[5]

California Governor’s Executive Order Pushes Phase-Out of Gas-Powered Cars by 2035

On October 8, 2020

On September 23, California Governor Gavin Newsom issued an executive order (“Order”) directing that “all new cars and passenger trucks sold in California be zero-emission vehicles by 2035.”[1] The order’s public announcement emphasizes concern over smog and toxic diesel emissions and notes that half of California’s carbon pollution originates from the transportation sector.[2] The Order prioritizes deploying zero emissions technologies to “reduce both greenhouse gas emissions and toxic air pollutants that disproportionately burden our disadvantaged communities of color.”[3]

U.S. Scheduled to Exit Paris Climate Agreement on November 4

On October 5, 2020

Amid raging wildfires, heavy rains, and tornadoes— all of which have been linked to climate change—the United States is set to exit the Paris Agreement on November 4, one day after the presidential election.[1] President Trump, who has said that the global agreement to confront catastrophic climate change was a “total disaster” for the United States, formally issued the required one-year notice of withdrawal last November.[2] Former Vice President Joe Biden has stated that he would re-enter the U.S. into the Paris agreement if he wins the 2020 election.[3]

The 2015 Paris Agreement seeks to limit the “global temperature rise this century well below 2 degrees Celsius above pre-industrial levels,” and ideally less than 1.5 degrees Celsius.[4] Nations set their own goals for reducing greenhouse gas emissions through nationally determined contributions (NDCs).[5]

Bureau of Land Management Reduces Royalty Rates for Onshore Drilling Operators

On October 2, 2020

In April, the U.S. Department of Interior’s Bureau of Land Management (“BLM”) issued guidance reducing the royalty rate for energy companies that drill for oil and gas on public land.[1] The announcement came as analysts began to understand the dire financial consequences of the COVID-19 pandemic on the oil and gas industry. BLM’s guidance aimed to provide a lifeline to the already struggling industry.[2]

The Mine Leasing Act of 1920 (“MLA”) governs the development of oil and gas on federal land.[3] It authorizes the Secretary of the Interior to hold auctions for the subsurface rights of federal lands that contain fossil fuel deposits.[4] Under this arrangement, an energy company submits a bid for the lease, and, if successful, pays the federal government rent and royalties for its use.[5]

Bipartisan Bill Clears Greenhouse Gas Emissions Hurdle on Hydrofluorocarbon Reduction

On October 1, 2020

Republican and Democratic lawmakers have been negotiating a proposal within a senate energy bill that would result in an 85% cut to hydrofluorocarbon greenhouse gas emissions by 2035.[1] Hydrofluorocarbons (HFCs) are commonly used in refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols.[2] The American Energy Innovation Act (AEIA) is a bipartisan energy innovation bill targeting investment in clean energy technologies.[3] The bill’s proposed HFC amendment is a legislative response a 2017 federal court ruling striking down 2015 EPA regulations on HFCs.[4]

Despite general bipartisan support, the bill encountered hurdles related to HFC reduction and failed to move forward in March.[5] The addition of HFC provisions to the AEIA resulted in contentious negotiations that stalled the bill, but a bipartisan agreement was reached on September 10.[6] The HFCs amendment to the AEIA authorizes a 15-year, 85% phasedown of HFCs[7] and addresses a myriad of concerns voiced during negotiation, such as exemptions for HFC “essential uses” and the creation of 150,000 jobs through alternative manufacturing.[8]

U.S. EPA, Some States Moving Forward With PFAS regulation

On September 30, 2020

After years of collecting data that indicate the dangers of per- and poly-fluorinated alkyl substances (PFAS), the U.S. EPA and several of its state counterparts are beginning the regulatory process for these previously unregulated substances. Some state agencies have proposed PFAS legislation that seeks to regulate the substances’ concentration in everyday products and necessities through mechanisms such as drinking water limits, prohibitions on firefighting foam, and the development of groundwater and surface water quality standards.[1] U.S. EPA is still in the research and development phase of providing national recommendations.

PFAS are a group of synthetic chemicals used in manufactured goods such as Teflon, waterproof materials, and firefighting foams.[2] PFAS are ubiquitous, persist in the environment, and bioaccumulate. Studies have found that ninety-seven percent of people have PFAS in their blood stream.[3] Research indicates PFAS exposure negatively impacts human health, from immunological effects to cancer.[4]

Proposed Ordinance Seeks to Reform How and Where Industrial Plants in Chicago are Sited

On September 27, 2020

In News & Announcements

In response to the recent demolition of a coal plant in the Little Village neighborhood,[1] Mayor Lori Lightfoot introduced an ordinance to the Chicago City Council that would make it more difficult for industrial plant developments to site in and around residential areas.

The proposed legislation would require approval of a planned development for any industrial plants within six hundred and sixty feet of residential property.[2] Any industrial plants that engage in manufacturing, waste management or recycling would be subject to more scrutiny under the ordinance, such as by requiring public hearings.[3]

Legalized Marijuana and Energy Use: A Primer

On September 24, 2020