California Air Resources Board Set to Finalize Ambitious Climate Plan
On November 16, 2022, the California Air Resources Board (CARB) released an updated version of its 2022 Scoping Plan for Achieving Carbon Neutrality. The plan sets ambitious goals for achieving carbon neutrality in California by 2045. Despite the plan’s being only a guiding document, it will likely lead to other agency actions that set stringent requirements related to reducing greenhouse gas emissions.
Upcoming Decision From U.S. Supreme Court Could Further Restrain Authority of Administrative Law Judges
Two cases recently argued before the U.S. Supreme Court address the question of whether federal agencies have authority to mandate proceedings before administrative law judges (ALJs). The plaintiffs in these cases have challenged the constitutionality of ALJ proceedings and, depending on how broadly the resulting opinion is written, the Court’s decision could limit the authority of ALJs across the federal government including within the Environmental Protection Agency (EPA).
U.S. EPA Proposes to More Than Double Toxic Substances and Control Act Fees
On November 16, 2022, the U.S. Environmental Protection Agency (EPA) proposed to raise its current Toxic Substances and Control Act (TSCA) fees, some of which would be more than doubled. This supplemental notice of proposed rulemaking modifies EPA’s proposal from January 11, 2021, which then aimed to increase the TSCA fees largely for inflation adjustment. TSCA allows EPA to collect fees from manufacturers, including importers, for the agency’s activities under TSCA Sections 4, 5, 6, and 14. Under the TSCA, EPA is required to adjust the fees “as necessary” every three years. In 2018, EPA promulgated a fee rule in 40 CFR part 700, subpart C, and set the current fees pursuant to that rule.
Extensive Climate Disclosure Requirements Proposed for Federal Contractors
On November 10, 2022, the Federal Acquisition Regulatory Council, composed of the Department of Defense, the General Services Administration, the National Aeronautics and Space Administration, and chaired by the Office of Federal Procurement Policy in the Office of Management and Budget, issued a proposed rule that would require certain federal contractors to disclose climate-related information to the System for Award Management (SAM) and, in certain instances, make such information publicly available on its website. (more…)
