alternatives analysis

More Unforced Errors in the 2023 NEPA Amendments

Bluntly speaking, the statute is a mess.

When the 2023 amendments to NEPA passed as part of the debt ceiling bill, I wrote a series of blog posts about the drafting errors. It turns out that I missed some, as I discovered when working on the new edition of my environmental law casebook.  They really aren’t all that subtle, and it’s hard …

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Greener on the Other Side?: An Occasional Series Regarding California’s Green Chemistry Regulations

This is the first in a series of  postings about Assembly Bill 1879 (AB1879), California’s “Green Chemistry” program.  This summer California Department of Toxic Substances Control (DTSC) issued draft regulations, the comment period for which is currently open. Let’s start with the mega-view of the nascent program.  In the organic statute, AB1879, DTSC was charged …

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And They’re Off…California Proposes New Chemical Regulations

California’s Department of Toxic Substances Control just released its proposed “green chemistry” regulations.  The regulations implement Assembly Bill 1879, which is a potential game-changer in how chemicals are regulated.  Eschewing the conventional risk management approach embedded in existing federal and state statutes, the regulations require affected manufacturers to engage in an alternatives analysis of consumer …

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EPA Announces Action Plans for Four Existing Chemicals

EPA closed out 2009 by issuing “chemical action plans” for four chemicals: phthalates, long-chain perfluorinated chemicals (PFCs), polybrominated diphenyl ethers (PBDEs) in products, and short-chain chlorinated paraffins.  For each chemical, the action plan provides a summary of existing hazard, exposure, and use information, an outline the risks that the chemical may present, and a description …

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