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Abstract

In the Environmental Law Update for 2023, we report on recent decisions issued by the United States Supreme Court involving the Clean Water Act and Wetlands, and the Court’s “Dormant Commerce Clause” and its recently created “Major Question Doctrine.” Regulating Wetlands has been a challenge in light of the Supreme Court’s recent ruling, and we examine how the agencies charged with enforcing Wetland regulation have reacted and how those cases are progressing in the lower courts. We also examine the United States Environmental Protection Agency’s recent interpretation of the “Manufacturing Process Unit” regulated by the Resource Conservation and Recovery Act, and how various courts have reacted to the Agency’s interpretation. We also review recent federal efforts at regulating nuclear waste disposal, as well as recent federal and state regulatory initiatives involving Carbon Sequestration. Finally, we examine recent contaminants of concern and state and federal regulatory response to micro-plastics and the so-called “forever chemicals,” commonly known as per-and polyfluoroalkyl substances and referred as PFAS.

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