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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

In this case, the Fifth Circuit overturned a ban on asbestos and in the process made an entire federal statute, the Toxic Substances Control Act, virtually inoperative. What was so notable about this case was that the court applied the doctrine to limit water rights, which are generally sacrosanct in Western states.

Law 227
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Supreme Court Sidelines Science, Threatens Public Health: These Rules-in-Progress Show What’s at Stake

Union of Concerned Scientists

If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.

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GAO Recommends EPA’s New Chemicals Program Develop a Systematic Process to Manage and Assess Performance Better

Nanotech

Government Accountability Office (GAO) publicly released a report entitled New Chemicals Program: EPA Needs a Systematic Process to Better Manage and Assess Performance on January 22, 2025. Environmental Protection Agencys (EPA) implementation of its Toxic Substances Control Act (TSCA) New Chemicals Program.

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EPA’s New PFAS Definition Will Make it Harder to Protect the Public

Union of Concerned Scientists

This is not just conjecture; this situation happened before with PCBs (polychlorinated biphenyls) in the 1970s and 1980s—highly toxic chemicals that were banned by the EPA in 1979. Dow’s argument was that the ban did not apply because what they were manufacturing could not be defined as PCBs (even though they were).

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Why Rachel Carson’s Silent Spring Still Resonates Today

Union of Concerned Scientists

It galvanized the environmental movement and it pushed the federal government and Congress to carry out scientific research on pesticide contamination and to act on that research. Carson also explicitly called out the hypocrisy inherent in government agencies at the time.

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After Decades of Disinformation, the US Finally Begins Regulating PFAS Chemicals

Union of Concerned Scientists

The same suppression and disinformation kept government regulators at bay for decades. The San Francisco and Colorado researchers found internal DuPont documents from 1961 to 1994 showing toxicity in animal and occupational studies that were never reported to the EPA under the Toxic Substances Control Act.

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Ongoing Battle to Keep Toxic Chemicals at Bay

Circle of Blue

Government Accountability Office report in September found that one-in-five water systems across six states had unsafe levels of PFOA and PFOS. But efforts to add new pollutants to the list haven’t kept pace with our growing understanding of the risks from substances that weren’t on regulators’ radar 50 years ago, including PFAS.