Focus

The Fifth Circuit Court of Appeals on Wednesday halted a lower court’s ruling that prevented the Biden administration from factoring the “social costs” of planet-warming gases to quantify the climate costs or benefits of regulations and other decisions. Last year, the administration temporarily reinstated interim estimates based on Obama-era figures, which gave more weight to climate impacts than Trump-era estimates. In February 2021, Judge James Cain of the U.S. District Court for the Western District of Louisiana blocked the Biden administration from using the values it had imposed after challenges by several Republican-led states. Judge Cain will issue a ruling on the merits at a later date, but, until then, the administration will be able to proceed with using its climate metric.

News

EPA plan would limit downwind pollution from power plants

Associated Press – March 11

The U.S. Environmental Protection Agency (EPA) is proposing a plan that would restrict smokestack emissions from power plants and other industrial sources that impact nearby states located downwind. The plan announced last Friday is intended to help more than two dozen states meet “good neighbor” obligations under the Clean Air Act. In cases where a state has not submitted a “good neighbor” plan — or where EPA disapproves a state plan — the new federal plan would take effect to ensure downwind states are protected. The proposed rule includes a 60-day public comment period. EPA expects to issue a final rule by the end of the year.

SEC set to weigh climate-change disclosure proposal this month

Bloomberg – March 10

The U.S. Securities and Exchange Commission (SEC) is set to release this month its highly-anticipated plan aimed at pressing companies to do more to tackle climate change. The proposal is expected to require companies to disclose more about the risks posed to their operations by rising temperatures, and it could force firms to reveal details such as the amount of energy they buy. The SEC will consider the proposal on March 21, but a final rule is still likely months away. After the SEC proposes the plan, the commission must seek public comment before holding another vote.

Federal judge approves plan for California water projects pending review of Trump-era biological opinions

Courthouse News Service – March 15

In a long-running dispute over water rights in California, a federal judge will allow a pair of challenged biological opinions issued during the Trump administration in 2019 to remain in effect over the next three years with added safeguards that some groups argue will not ensure the survival of various endangered fish species. The two opinions allow more water to be sent to some 20 million farms, businesses, and homes in Southern and Central California via two federal and state water diversion projects. U.S. District Judge Dale Drozd last Friday endorsed the governments' plan to keep the two challenged opinions in place while the Biden administration reconsiders them. While those reviews are pending, an interim operations plan will be put in place with provisions designed to provide extra protections for the endangered fish.

California appeals court reinstates Proposition 65 lawsuit against Amazon

San Francisco Chronicle – March 11

Amazon can be sued under California law for failing to warn the public that products sold on its website have ingredients that can cause cancer or reproductive damage, a state appeals court ruled last Friday. An Alameda County Superior Court judge dismissed a lawsuit over skin-lightening creams marketed on Amazon.com in 2019, in part because of a federal law that shields website operators from liability for the content of material posted by others. But the First District Court of Appeal in San Francisco ruled that Amazon does not act merely as a forum for retailers but plays an active role in selling the products and can be held accountable for their known dangers.