Toxic Substances
Risk Subsidies and the Future of Nuclear Power in the U.S.
Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?
As I’ve written about before, U.S. law massively subsidizes the nuclear power industry. In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the …
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CONTINUE READINGPublic Prosecutors Zero In on SoCal Gas, Porter Ranch Disaster
California Attorney General, L.A. District Attorney File New Enforcement Prosecutions
The massive leak from Southern California Gas Company’s Aliso Canyon natural gas field in northwestern Los Angeles County was discovered on October 23rd of last year and, more than three months later, shows no sign of abating. Public prosecutors have pretty clearly lost patience with SoCal gas and its ineffective remediation efforts to date. This …
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CONTINUE READINGThe Flint Lead Crisis
Three Interesting Notes About Lead Regulation and Exposure
At this point, you would need to be a hermit to have missed the news coverage of elevated levels of lead in the drinking water in Flint, MI. (Although even that might not be a valid excuse given an ancient, anonymous Roman hermit described lead poisoning). The short version is: in April 2014 a cash …
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CONTINUE READINGNewsflash: Senate Passes TSCA Reform
A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years
In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …
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CONTINUE READINGThe Ninth Circuit Takes EPA to Task (Twice)
EPA’s pesticide registration efforts trigger forceful response
Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.” Yikes. What did the EPA do to elicit such a reaction from a federal judge? The short …
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CONTINUE READINGDuPont Found Liable In First of 3,500 Lawsuits
Chemical Used in Teflon Linked to Numerous Health Problems, but its Use is Still Legal Under TSCA
Yesterday, a jury in the Southern District of Ohio found DuPont liable for a woman’s kidney cancer in the first of 3,500 suits the company faces. The cases all stem from DuPont’s use and disposal of perflourooctanoic acid (PFOA) or C8. The chemical is used to make Teflon, among other things, and the most recent …
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CONTINUE READINGInterpreting Michigan v. EPA
The opinion seems likely to have very limited repercussions.
In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have …
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CONTINUE READINGMercury Rising: The Court Reverses EPA’s Regulation
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …
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CONTINUE READINGFlame Retardants, Furniture, and Polar Bears
One woman’s search for a toxics-free couch in California
A year and a half ago, I found myself in a position that has caused so many people to rethink the world around them: impending parenthood. One of the many changes I decided to make in advance of welcoming our little bundle of joy was to procure a couch without flame retardants. Flame retardants have …
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CONTINUE READINGThe Unreasonable Risk of TSCA Reform
Caught Between a Rock and a Hard Place
The Frank R. Lautenberg Chemical Safety for the 21st Century Act is no doubt generating significant conflict, including claims of undue industry influence, competing bills from prominent members of the same party, consternation among states, and divisions among health and environmental groups. And it may also be the closest we have gotten to TSCA reform—ever. …
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