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1 | From The State Energy & Environmental Impact Center's AG Actions Database | ||||||||||||||||||||||||||
2 | Date | Category | Title | Summary | Type | State Lead | States | Agencies | Issues | Administration | Outcome | Explanation of Outcome | Document Type | Documents | |||||||||||||
3 | 2022-01-03 | Clean Air | California Filed Petition for Rehearing of FAA’s Approval Amazon Cargo Facility | On January 3, California and several environmental groups filed petitions for rehearing in their challenge to the Federal Aviation Administration’s (FAA) approval of an Amazon airport cargo facility. In November, the Ninth Circuit upheld the FAA’s review of the project, rejecting California and the groups’ claim that the review was based on an inadequate environmental impact statement. The petition for rehearing argues that the new burden of proof created by the Court’s decision—which would require petitioners to prove the negative environmental effects of a project before an agency is required to study its environmental impacts—is unreasonable, and inconsistent with precedent. | Litigation | California | California | Department of Transportation; Federal Aviation Administration | Clean Air & Climate; Environmental Justice | Trump Administration | Pending | Petitions | California Petition for Rehearing: https://stateimpactcenter.org/files/California-v.-FAA-No.-20-70272-petition-for-rehearing.pdf | ||||||||||||||
4 | 2022-01-06 | Climate Change | California AG Prevented Development that Would Worsen Wildfire Risk | California Attorney General Rob Bonta announced he was successful in preventing a development project on a site that has been burned by wildfires 11 times since 1952. Lake County Superior Court vacated the county’s approval of the development on January 4. The court agreed with AG Bonta that the Environmental Impact Report did not adequately assess the project’s wildfire risks and the impact the development would have on community evacuation. | Litigation | California | California | Climate Adaptation & Resilience; Climate Resilience; Effects of Climate Change | Non-Federal | Judgment; Press Releases/Statements | CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-secures-court-decision-vacating-approval-lake-county; Order: https://oag.ca.gov/system/files/attachments/press-docs/SC21%20Lakepo22010510410%20m_02042022%20markham%20ruling.pdf | ||||||||||||||||
5 | 2022-01-07 | Clean Water | Illinois AG Filed Lawsuit Against Coal Mine for PFAS Contamination | Illinois Attorney General Kwame Raoul filed a lawsuit against Sugar Camp Energy for polluting nearby water sources with per- and polyfluoroalkyl substances (PFAS) through its use of PFAS-containing firefighting foam in a coal mine. PFAS, or “forever chemicals,” are toxic substances that never entirely break down in the human body or the environment, and which have been linked to serious human health and environmental harms. After being used to put out a fire in the coal mine, the foam was found on nearby properties and in nearby bodies of water, where testing revealed the presence of PFAS. By discharging PFAS-contaminated water, the lawsuit alleges that the company violated its permit for the coal mine as well as the Illinois Environmental Protection Act. | Environmental Enforcement; Litigation | Illinois | Illinois | Toxics; PFAS | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.illinoisattorneygeneral.gov/pressroom/2022_01/Sugar%20Camp-Filed_Complaint-010722.pdf; IL Press: https://www.illinoisattorneygeneral.gov/pressroom/2022_01/20220107.html | ||||||||||||||||
6 | 2022-01-07 | Clean Water | Iowa AG Sued Sioux City for Fraudulent Wastewater Treatment | Iowa Attorney General Tom Miller filed a lawsuit against Sioux City for violating water safety laws at its wastewater treatment facility. In 2012, the city started requiring the facility to test its treated water for E. coli and chlorine on specific days after discovering that the facility was not consistently disinfecting the water before discharging it into the Missouri River. The lawsuit alleges that instead of addressing the issue, the facility only adjusted its treatment procedures on days that testing occurred, and reverted to its inadequate disinfection processes afterwards in order to raise its treatment capacity and generate more business. | Environmental Enforcement; Litigation | Iowa | Iowa | Toxics | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.iowaattorneygeneral.gov/media/cms/Sioux_City_Suit_38B320D51875D.pdf; IA Press: https://www.iowaattorneygeneral.gov/newsroom/state-sues-sioux-city-over-wastewater-treatment-scheme | ||||||||||||||||
7 | 2022-01-07 | Oil & Gas | Eight AGs Called on FERC to Consider Climate Impacts of Pipelines | Massachusetts Attorney General Maura Healey led a coalition of eight attorneys general in comments to the Federal Energy Regulatory Commission (FERC) urging the agency to assess the climate impacts of pipelines and to consider state climate and clean energy policies in determining if a project’s emissions are significant. The coalition also argued that FERC should take into account the impacts of both emissions and possible mitigation measures for environmental justice communities. | Rulemaking & Other Federal Administrative Proceedings | Massachusetts | Massachusetts, Minnesota, Maryland, New Jersey, Rhode Island, Michigan, Delaware, Washington, D.C. | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Fossil Fuels; Pipelines | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220107-5224&optimized=false | |||||||||||||||
8 | 2022-01-11 | Public Lands & Wildlife | Michigan AG Announced Charges against Timber Harvester | Michigan Attorney General Dana Nessel announced charges against a timber harvesting company for illegally harvesting over $100,000 of timber. The charges include trespassing and damaging state land; the owner of the company faces probation, jail time, and nearly $120,000 in restitution. | Environmental Enforcement; Litigation | Michigan | Michigan | Public Lands & Wildlife; Natural Resources | Non-Federal | Press Releases/Statements | MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-575342--,00.html | ||||||||||||||||
9 | 2022-01-11 | Climate Change | Virginia AG Wrote Opinion that Governor Cannot Pull out of Regional Greenhouse Gas Initiative | Virginia Attorney General Mark Herring wrote an official opinion arguing that "the Governor may not repeal or eliminate, through an executive order or other action, the enacted statutes and regulations pertaining to the Commonwealth’s participation in the Regional Greenhouse Gas Initiative and/or a market-based trading program like the Regional Greenhouse Gas Initiative, or do away with the requirement that electricity producers hold carbon dioxide allowances that equal the amount of their carbon dioxide emissions." | Other | Virginia | Virginia | Clean Air & Climate; Greenhouse Gas Emissions | Non-Federal | Other | Official Opinion: https://www.oag.state.va.us/files/Opinions/2022/21-102-Herring-Sullivan-Issued.pdf; VA Press: https://www.oag.state.va.us/media-center/news-releases/2265-january-11-2022-new-opinion-from-attorney-general-herring-says-governor-cannot-pull-out-of-rggi-through-executive-order | ||||||||||||||||
10 | 2022-01-18 | Clean Water | Maryland AG Urged Maryland Department of the Environment to Improve Drinking Water System | Maryland Attorney General Brian Frosh made a presentation to the Maryland Department of the Environment on its water supply program, urging the department to address the under-staffing issue which has led to a lack of funding and oversight in ensuring the state has safe drinking water. AG Frosh presented numbers from an Environmental Protection Agency report which concluded that in order to meet the needs requiring for ensuring safe drinking water, the department needs 187% more staff and 93% more funding. | State Administrative Proceeding | Maryland | Maryland | Water | Non-Federal | Other | Press Coverage: https://www.marylandmatters.org/2022/01/19/lawmakers-press-environment-secretary-on-staffing-and-enforcement-shortfalls/ | ||||||||||||||||
11 | 2022-01-18 | Climate Change | Rhode Island AG Fought Sale of Electric and Gas Utility, Citing Climate Concerns | Rhode Island Attorney General Peter F. Neronha filed a brief asking the Rhode Island Division of Public Utilities and Carriers not to approve PPL Corporation’s proposed acquisition of the Narragansett Electric Company, an electric and gas utility. The AG argued that the deal was not consistent with the public interest, citing concerns about reliability and costs. The AG faulted PPL’s application as lacking information on how the project would support decarbonization goals in line with Rhode Island’s Act on Climate, which sets mandatory and enforceable emissions reductions to achieve net-zero emissions by 2050. On February 24, 2022, AG Neronha filed a complaint for judicial review and a motion to stay the approval of the sale of Narragansett Electric, an electric and gas utility, to PPL Corporation, which is based in Pennsylvania. In the filings, AG Neronha argues that the Division of Public Utilities and Carriers failed to address a series of concerns before approving the sale, including whether PPL Corp. will be able to maintain high-quality service without increasing rates, and whether or not the company will be able to meet Rhode Island’s climate goals. The AG urged the Rhode Island Superior Court to suspend the transaction and conduct a full review of the sale. | Litigation | Rhode Island | Rhode Island | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Non-Federal | Complaints; Motions | Complaint for Judicial Review: https://www.law.nyu.edu/sites/default/files/appeal-complaint-final.pdf; Motion to Stay: https://www.law.nyu.edu/sites/default/files/motion-to-stay-final.pdf; RI Press: https://riag.ri.gov/press-releases/statement-attorney-general-peter-f-neronha-appealing-decision-approve-sale | ||||||||||||||||
12 | 2022-01-18 | Clean Air | Twenty-Three AGs Defended EPA's Authority to Regulate Power Plant Emissions | New York Attorney General Letitia James led a coalition of 23 attorneys general in filing a brief in the Supreme Court in a dispute over the Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas (GHG) emissions. In November 2021, the Court made the decision to hear a case about a Trump-era regulation that had to do with EPA’s authority to regulate GHG emissions produced by power plants. Although the D.C. Circuit struck down the regulation and the Biden EPA declined to defend it, the Court granted a request from state petitioners and industry groups to review the judgment of the court of appeals.The multi-state coalition argued that by entertaining the review, the Court could not only undermine efforts needed to address the climate crisis but also contravene longstanding precedent against issuing advisory rulings. | Rulemaking & Other Federal Administrative Proceedings | New York | California, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, New Jersey, Pennsylvania, Wisconsin, Rhode Island, Michigan, Delaware, North Carolina, Hawaii, Colorado, Washington, Washington, D.C. | Environmental Protection Agency | Clean Air & Climate; Clean Power Plan; Greenhouse Gas Emissions | Biden Administration | Briefs | Brief: https://oag.ca.gov/system/files/attachments/press-docs/20-1530%20Br%20for%20State%20and%20Municipal%20Respondents.pdf | |||||||||||||||
13 | 2022-01-19 | Energy & Energy Efficiency | New York AG Sued Utility Company for False Advertising | New York Attorney General Letitia James filed a lawsuit against electricity utility company Major Energy Services for “false and misleading advertising” about the savings for their natural gas and electricity services. The AG’s office found that customers across the state were collectively overcharged tens of millions of dollars compared to the prices of local utility companies. AG James is seeking the end of Major Energy’s misleading business practices through the lawsuit, as well as penalties and costs for the company’s damages. | Litigation | New York | New York | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://ag.ny.gov/sites/default/files/2022.01.19_summons_and_complaint.pdf; NY Press: https://ag.ny.gov/press-release/2022/attorney-general-james-sues-energy-service-company-overcharging-and-misleading | ||||||||||||||||
14 | 2022-01-21 | Clean Water | Maryland AG Filed Lawsuit Against Baltimore for Polluting State Waters | AG Maryland Attorney General Brian Frosh also filed a lawsuit against Baltimore City for polluting state waters through its mismanagement of Maryland’s two largest wastewater treatment plants. The complaint alleges that the facilities discharged illegal levels of pollutants such as E. coli and total suspended solids, and that the city failed to comply with various testing, reporting, maintenance, and operating requirements. | Litigation | Maryland | Maryland | Toxics; Hazardous Waste | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.marylandattorneygeneral.gov/news%20documents/012122_Balt_WWTPs_complaint.pdf; MD Press: https://www.marylandattorneygeneral.gov/press/2022/012122.pdf | ||||||||||||||||
15 | 2022-01-21 | Clean Air | Ohio AG Reached Settlement with Volkswagen over Harmful Emissions | Ohio Attorney General Dave Yost reached a $3.5 million settlement with Volkswagen for intentionally manipulating software in its vehicles to misrepresent the level of carbon dioxide and nitrogen dioxide being emitted. The settlement is the result of a lawsuit filed by the AG's office in 2016. Under the terms of the settlement, Volkswagen must pay individual restitution to each affected car owner, and also offer to buy back the vehicles that have been tampered with. | Litigation | Ohio | Ohio | Clean Air & Climate | Non-Federal | Other; Press Releases/Statements | Settlement: https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/2022-01-20-State-of-Ohio-v-Volkswagen-Consent-Orde.aspx; OH Press: https://www.ohioattorneygeneral.gov/Media/News-Releases/January-2022/AG-Yost-Reaches-Settlement-with-Volkswagen-Over-Ve | ||||||||||||||||
16 | 2022-01-26 | Climate Change | Six AGs Called on OSHA for Federal Regulations to Protect Workers in Extreme Heat | New York Attorney General Letitia James led a coalition of six attorneys general in sending comments to the Occupational Safety and Health Administration (OSHA) asking the agency to create federal protections against extreme heat-related occupational hazards impacting health. Citing the effect of extreme heat on health as well as the disproportionate impact of climate related illness and death in low-income communities, communities of color, and Tribal and Indigenous communities, the AGs urged OSHA to set specific heat exposure thresholds. The letter also recommended that employers be required to provide preventive measures to mitigate heat-related health issues and record and report injuries and illnesses to OSHA, and suggested that OSHA should improve its workplace inspection program. | Rulemaking & Other Federal Administrative Proceedings | New York | California, Massachusetts, New York, Maryland, New Jersey, Pennsylvania | Department of Labor; Occupational Safety and Health Administration | Climate Adaptation & Resilience; Climate Resilience; Effects of Climate Change; Toxics | Biden Administration | Comment Letters | Comments: https://www.law.nyu.edu/sites/default/files/2022.01.26%20Multistate%20Comments%20on%20OSHA%20Heat%20Standards.pdf | |||||||||||||||
17 | 2022-01-31 | Safety & Toxics | Massachusetts AG Announced Settlement With Development Company for Mishandling Asbestos | Massachusetts Attorney General Maura Healey announced a settlement with a property development company for violating clean air regulations by knowingly mishandling asbestos at one of its construction sites. The AG’s office previously filed a complaint against the company alleging that its contractor demolished a building that was known to contain asbestos without safely storing and disposing of the debris or properly cleaning up the site before rebuilding. The settlement requires the company and its contractor to pay up to $325,000 in civil penalties. | Litigation | Massachusetts | Massachusetts | Toxics | Non-Federal | Press Releases/Statements | MA Press: https://www.mass.gov/news/developer-and-contractor-settle-allegations-of-illegal-asbestos-work-at-north-reading-condominium-development | ||||||||||||||||
18 | 2022-01-31 | Clean Air | Twenty-One AGs Supported EPA Regulation of Methane Emissions | California Attorney General Rob Bonta and New York Attorney General Letitia James led a coalition of 21 AGs in comments supporting the Environmental Protection Agency’s (EPA) proposal to limit methane emissions, as well as smog-forming volatile organic compounds and other air pollutants, from oil and natural gas facilities. The AGs urged EPA to go even further by prohibiting gas flaring at these facilities, strengthening the environmental justice analyses of these pollutants, and addressing abandoned wells, which are another large source of methane emissions. | Rulemaking & Other Federal Administrative Proceedings | California, New York | California, Illinois, Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, New Jersey, Pennsylvania, Wisconsin, Rhode Island, Michigan, Delaware, North Carolina, Colorado, Washington, Washington, D.C. | Clean Air & Climate; Greenhouse Gas Emissions | Biden Administration | Comment Letters | Comments: https://oag.ca.gov/system/files/attachments/press-docs/States%20and%20Cities%20Comments_EPA_HQ_OAR_2021_0317.pdf | ||||||||||||||||
19 | 2022-02-01 | Safety & Toxics | Ten AGs Urged EPA to Take Actions to Prevent the Harms of PFAS | Pennsylvania Attorney General Josh Shapiro led a coalition of 10 AGs in urging EPA to take action to protect public health and the environment from the use of per- and polyfluoroalkyl substances (PFAS) in hydraulic fracturing and drilling operations, which are a threat to necessary resources like drinking water. The AGs urged EPA to take the following actions: Reassess the allowable level of any chemicals that contain PFAS—or have the ability to degrade into them—that may be used in hydraulic fracturing and drilling operations; Close loopholes and have more rigorous reviews when PFAS are used in any allowable circumstance; Reexamine methods to collect information on the types of chemicals and substances used in hydraulic fracturing and drilling operations; and Collect data on PFAS used in hydraulic fracturing and make the information publicly and widely available. | Rulemaking & Other Federal Administrative Proceedings | Pennsylvania | Illinois, Maine, Minnesota, New Mexico, Oregon, Maryland, Pennsylvania, Delaware, Hawaii, Washington, D.C. | Toxics; PFAS | Biden Administration | Non-rulemaking Letters | Letter: https://www.law.nyu.edu/sites/default/files/EPA%20Ltr%20PFAS%20Fracking%20%20FINAL21224pm.pdf | ||||||||||||||||
20 | 2022-02-02 | Safety & Toxics | California AG Announced Settlement with Company for Dangerous Levels of Lead in Infant and Toddler Formula | AG Bonta and 10 district attorneys announced a settlement with a health and pharmaceutical company after the AG’s office sued the company in 2018 for unsafe levels of lead in its infant and toddler formula. The settlement requires the company to adhere to an even stricter limit for lead levels in its products than federal regulations require. | Litigation | California | California | Toxics | Non-Federal | Judgment; Press Releases/Statements | Settlement: https://oag.ca.gov/system/files/attachments/press-docs/Signed%20Judgment.pdf; CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-settlement-perrigo-improve-safety-infant-and | ||||||||||||||||
21 | 2022-02-02 | Clean Water | Maryland AG Sued Poultry Facility for Water Pollution | Maryland Attorney General Brian Frosh sued Valley Proteins, a poultry facility, for discharging pollutants including chlorine, wastewater, and solids into nearby waterways. The facility’s mandatory reporting revealed 40 violations in under three years, and inspections by Maryland Department of the Environment uncovered 370 additional violations that the facility failed to report. The complaint seeks injunctive relief as well as $10,000-$25,000 in civil penalties per violation, per day. On September 12, 2022, AG Frosh announced a settlement with the company. Under the consent decree, the company must correct the violations, pay a civil fine, and upgrade its wastewater treatment equipment and monitoring processes, among other conditions. | Litigation | Maryland | Maryland | Toxics; Hazardous Waste | Non-Federal | Win | Complaints | Complaint: https://stateimpactcenter.org/files/AGActions_MD_Complaint_020222_Valley_Proteins.pdf; MD Press Release - Settlement: https://perma.cc/Q788-XPGV; Consent Decree: https://stateimpactcenter.org/files/AGActions_MD_091222_Valley_Proteins_Settlement.pdf | |||||||||||||||
22 | 2022-02-02 | Oil & Gas | Pennsylvania AG Charged Pipeline Company with Environmental Crimes | Pennsylvania Attorney General Josh Shapiro announced criminal charges against ETC Northeast Pipeline LLC for illegal activity in its construction and management of the Revolution Pipeline. Despite knowing that construction carried the risk of erosion, the company ignored recommended erosion controls. Even after construction caused two separate landslides the company still did not implement erosion controls. | Litigation | Pennsylvania | Pennsylvania | Fossil Fuels; Pipelines; Toxics; Hazardous Waste | Non-Federal | Press Releases/Statements | PA Press: https://www.attorneygeneral.gov/taking-action/ag-shapiro-charges-revolution-pipeline-developer-with-environmental-crimes/ | ||||||||||||||||
23 | 2022-02-04 | Safety & Toxics | California AG Protected Consumers from Dangerous Levels of Lead in Dried Fruit and Candy | California Attorney General Rob Bonta issued a consumer alert for over 15 dried fruit and candy products that contain dangerous levels of lead, many of which are specifically marketed towards children. Federal law requires food products that exceed a certain level of lead to include a warning on the packaging; California law prohibits these items from being sold in California at all. | Other | California | California | Toxics | Non-Federal | Press Releases/Statements | Consumer Alert: https://oag.ca.gov/news/press-releases/attorney-general-bonta-issues-consumer-alert-after-testing-finds-dangerous | ||||||||||||||||
24 | 2022-02-07 | Safety & Toxics | Massachusetts Announced Settlement With Company for Mishandling Asbestos in a School | Massachusetts Attorney General Maura Healey announced a settlement with a renovation company for failing to comply with safety requirements when removing ceiling tiles that contained asbestos in a classroom. As a result, the school, which is located in an environmental justice community, was required to shut down for the rest of the year. Under the settlement, the company will pay civil penalties and mandate employee asbestos safety training. Additionally, the City of Fitchburg, which maintains the school and failed to hire a company that was certified to handle asbestos, will be required to implement a comprehensive plan for asbestos management developed in collaboration with the AG’s office. | Litigation | Massachusetts | Massachusetts | Toxics; Environmental Justice | Non-Federal | Press Releases/Statements | MA Press: https://www.mass.gov/news/leominster-damage-restoration-company-settles-claims-of-illegal-asbestos-work-at-fitchburg-school | ||||||||||||||||
25 | 2022-02-07 | Clean Water | Fifteen AGs Urged EPA to Expand Clean Water Act Protections | California Attorney General Rob Bonta and New York Attorney General Letitia James led a coalition of 15 AGs in commenting on EPA’s and Army Corps of Engineers’ proposed revised definition of “waters of the United States.” The definition classifies what types of water bodies are protected by federal law. The AGs urged EPA to protect water bodies that had lost protection under a Trump-era rule. The coalition pushed the agencies to make the definition “even clearer and more environmentally protective” in any ensuing rulemaking. | Rulemaking & Other Federal Administrative Proceedings | California, New York | California, Illinois, Maine, Massachusetts, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, Wisconsin, Michigan, North Carolina, Washington, Washington, D.C. | Department of Defense; U.S. Army Corps of Engineers; Environmental Protection Agency | Water; Clean Water Act; Oceans and Water Policy; Waters of the United States | Biden Administration | Comment Letters | Comment Letter: https://oag.ca.gov/system/files/attachments/press-docs/WOTUS%20Rule%20States%27%20Comment%20Letter_02072022.pdf; CA Press: https://oag.ca.gov/news/press-releases/west-continues-confront-devastating-drought-attorney-general-bonta-urges-epa | |||||||||||||||
26 | 2022-02-08 | Clean Air | Michigan AG Enforced State Air Quality Regulations | Michigan Attorney General Dana Nessel and the Michigan Department of Agriculture and Rural Development (MDARD) announced that a federal court had upheld state air quality regulations. In order to help the state comply with the Clean Air Act, fueling stations in certain counties are required to only sell low vapor pressure gasoline in the summer, when gas refueling is particularly harmful to air quality since ozone pollution (which gas refueling contributes to) is already high. A duty-free gas station within one of these counties sued MDARD, arguing the regulations did not apply to it because it of its duty-free status. On February 3, United States Court of Appeals for the Sixth Circuit dismissed this challenge and upheld the air quality requirements. | Environmental Enforcement | Michigan | Michigan | Clean Air & Climate | Non-Federal | Press Releases/Statements | MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-577074--,00.html | ||||||||||||||||
27 | 2022-02-08 | Oil & Gas | Nine AGs Supported Berkeley, CA Ban on Natural Gas in Newly Constructed Buildings | California Attorney General Rob Bonta led nine AGs in filing an amicus brief supporting the City of Berkeley’s ban on natural gas hookups in newly constructed buildings in order to decrease greenhouse gas emissions. The California Restaurant Association challenged the ban, arguing that federal energy efficiency laws preempt the city from regulating the type of energy used. The district court dismissed the challenge and the Association filed an appeal. The AGs urged the appellate court to uphold the ruling, arguing that federal law only regulates the amount of energy used by a specific product, rather than the type of energy available in an entire building. | Litigation | California | California, Massachusetts, New Mexico, New York, Maryland, Oregon, New Jersey, Washington, Washington, D.C. | Clean Air & Climate; Greenhouse Gas Emissions; Energy & Energy Efficiency; Renewable/Zero-Emissions Energy; Fossil Fuels; Oil and Gas | Non-Federal | Briefs | Amicus Brief: https://oag.ca.gov/system/files/attachments/press-docs/CRA%20v.%20Berkeley%20-%20States%20Amicus%20Brief%20%28as%20filed%29.pdf | ||||||||||||||||
28 | 2022-02-09 | Oil & Gas | Wisconsin AG Took Action Against Company for Gasoline Spill | Wisconsin Attorney General Josh Kaul reported that a local fueling facility near a lake located in the southeast region of the state will be required to pay $25,000 in penalties for violating underground petroleum storage tank laws. In 2019, the company in charge of the facility failed to address excess amounts of water in its gasoline storage tanks, which was a sign that oil was leaking out of the facility. When the company finally determined why water was building up, the actions taken in response were not effective. Additionally, the gasoline released into the environment was not addressed for another six months despite its harmful effects on human health and wildlife. | Environmental Enforcement | Wisconsin | Wisconsin | Water | Non-Federal | Press Releases/Statements | WI Press: https://www.doj.state.wi.us/sites/default/files/news-media/2.9.22%20Lake%20Geneva%20Gasoline.pdf | ||||||||||||||||
29 | 2022-02-10 | Safety & Toxics | Minnesota AG Sued Landlord over Dangerous and Uninhabitable Homes | Minnesota Attorney General Keith Ellison filed a lawsuit against HavenBrook Homes for failing to maintain its properties, leaving residences uninhabitable. Dangerous conditions included lead exposure, mold issues, and broken heating, among other health and safety violations. The lawsuit seeks restitution, civil penalties, and enjoinment of the company. | Litigation | Minnesota | Minnesota | Toxics; Consumer Protection | Non-Federal | Complaints | Complaint: https://www.ag.state.mn.us/Office/Communications/2022/docs/HavenBrookHomes_Complaint.pdf | ||||||||||||||||
30 | 2022-02-11 | Public Lands & Wildlife | Michigan AG Succeeded in Endangered Species Advocacy | Michigan Attorney General Dana Nessel issued a statement supporting a decision by a California district court to vacate the U.S Fish and Wildlife Service’s (FWS) removal of gray wolves from the endangered species list. AG Nessel joined an amicus brief last July opposing the move, alleging that FWS had violated the Endangered Species Act. | Litigation | Michigan | Michigan | Department of the Interior; Bureau of Land Management; U.S. Fish and Wildlife Service | Public Lands & Wildlife; Endangered Species Act; Wildlife | Trump Administration | Win | Court vacated and remanded the rule. | Briefs; Press Releases/Statements | MI Statement: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-577317--,00.html; Amicus Brief: https://www.michigan.gov/documents/ag/FILED_Proposed_Brief_-_Wolf_Delisting_Litigation_731090_7.pdf | |||||||||||||
31 | 2022-02-15 | Clean Air | California AG Filed Lawsuit Against Metal Factory for Toxic Emissions and Failure to Warn Nearby Community | On February 15, California Attorney General Rob Bonta filed a lawsuit against the metal manufacturing company AB&I for emitting high levels of air pollution containing hexavalent chromium into a community already feeling the effects of other toxic emissions. The suit also alleges that the company failed to warn those living near the facility of the risks associated with being exposed to the known carcinogen. | Litigation | California | California | Clean Air & Climate; Environmental Justice | Non-Federal | Complaints | Complaint: https://oag.ca.gov/system/files/attachments/press-docs/ABI%20Complaint.pdf; CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-files-lawsuit-against-east-oakland-metal-foundry-over | ||||||||||||||||
32 | 2022-02-15 | Public Lands & Wildlife | Michigan AG Announced Action to Protect Wetlands | Michigan Attorney General Dana Nessel announced a lawsuit against the Village of Breedsville for failing to obtain a permit before filling in wetlands and taking other steps to address a damaged dam, leading to unsafe conditions. After multiple notices and inspections conducted by the Michigan Department of Environment, Great Lakes, and Energy revealed continued violations, the agency is asking that the village pay penalties, restore the wetlands to their condition prior to the alteration, and not violate such protections in the future. | Environmental Enforcement | Michigan | Michigan | Water | Non-Federal | Complaints | Complaint: https://www.michigan.gov/documents/ag/Village_of_Breedsville_Complaint_2022-02-04_748164_7.pdf; MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-577429--,00.html | ||||||||||||||||
33 | 2022-02-16 | Clean Water | New Mexico AG Protected State Rivers through Gold King Mine Toxic Spill Settlement | New Mexico Attorney General Hector Balderas announced that his office, along with Governor Michelle Lujan Grisham, Environment Department Secretary James Kenney, and Natural Resources Trustee Maggie Hart Stebbins, is working to finalize a settlement with the federal government resolving a 2016 lawsuit over a toxic mine spill that took place at Gold King Mine. In 2015, contractors hired by EPA for cleanup work accidentally released millions of gallons of acid mine drainage and toxic metals from the Gold King Mine in Colorado into two rivers. This adversely affected drinking water, irrigation, and recreation. While the water is now safe for many uses, there has been a lasting stigma from the spill that has harmed the region’s economy. On June 16, 2022, AG Balderas and Governor Grisham announced that the settlement had been finalized. On October 26, 2022, AG Balderas announced a $4.3 million grant program resulting from the settlement. The program will address harms caused by the spill, as well as fund projects that will benefit farming, outdoor recreation, natural resources, drinking water, conservation, among other areas. | Environmental Enforcement; Litigation | New Mexico | New Mexico | Fossil Fuels; Mining; Public Lands & Wildlife; Natural Resources; Public Lands; Toxics; Hazardous Waste; Water; Water Pollution; Public Health | Non-Federal | Press Releases/Statements | NM Press Release - Announcement of Settlement: https://perma.cc/9EV5-XZMX; NM Press Release - Finalization of Settlement: https://perma.cc/PN8Y-LP49; NM Press Release - Grant Program Announcement: https://perma.cc/3ABZ-6AAQ | ||||||||||||||||
34 | 2022-02-16 | Safety & Toxics | New York AG Sent Warning to Baby Food Company Whose Products Contain Heavy Metals | On February 16, New York Attorney General Letitia James demanded that baby food company HolleUSA end its misleading and false claim that its products are free of heavy metals. After collecting several baby food products produced by the company, the AG’s office had them tested by an independent analytical laboratory. The testing revealed cadmium, lead, and arsenic in the food. The AG may seek penalties and continue further investigation of the business. | Environmental Enforcement; Other | New York | New York | Toxics | Non-Federal | Non-rulemaking Letters | Letter: https://ag.ny.gov/sites/default/files/holle_cease_and_desist_-_complete.pdf; NY Press: https://ag.ny.gov/press-release/2022/attorney-general-james-demands-baby-food-company-stop-false-and-misleading | ||||||||||||||||
35 | 2022-02-22 | Energy & Energy Efficiency | Illinois AG Advocated for Ratepayer Protection Against Utility Company Interests | Illinois Attorney General Kwame Raoul submitted comments to the Federal Energy Regulatory Commission (FERC) regarding how utilities recover their dues payments to trade associations from ratepayers. Utilities often use money received from consumers through their energy bills to pay dues to organizations, such as trade associations, that influence public opinion on political and civic activities—many of which may not have interests that are aligned with ratepayers’ interests. In his comments, AG Raoul detailed the importance of regulatory oversight for utility spending on political activity, including through trade association dues. | Rulemaking & Other Federal Administrative Proceedings | Illinois | Illinois | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220223-5005&optimized=false | |||||||||||||||
36 | 2022-02-22 | Energy & Energy Efficiency | Michigan AG Advocated for Ratepayer Protection Against Utility Company Interests | Michigan Attorney General Dana Nessel and the Citizens Utility Board of Michigan submitted comments to the Federal Energy Regulatory Commission (FERC) regarding how utilities recover their dues payments to trade associations from ratepayers. Utilities often use money received from consumers through their energy bills to pay dues to organizations, such as trade associations, that influence public opinion on political and civic activities—many of which may not have interests that are aligned with ratepayers’ interests. In her comments, AG Nessel noted the harms to ratepayers who are saddled with higher rates when utilities improperly recover their spending on advocacy issues. | Rulemaking & Other Federal Administrative Proceedings | Michigan | Michigan | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220222-5289&optimized=false | |||||||||||||||
37 | 2022-02-22 | Energy & Energy Efficiency | Nevada AG Advocated for Ratepayer Protection Against Utility Company Interests | Nevada Attorney General Aaron Ford submitted comments to the Federal Energy Regulatory Commission (FERC) regarding how utilities recover their dues payments to trade associations from ratepayers. Utilities often use money received from consumers through their energy bills to pay dues to organizations, such as trade associations, that influence public opinion on political and civic activities—many of which may not have interests that are aligned with ratepayers’ interests. In his comments, AG Ford highlighted the lack of transparency around the costs and activities of industry associations. | Rulemaking & Other Federal Administrative Proceedings | Nevada | Nevada | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220222-5240&optimized=false | |||||||||||||||
38 | 2022-02-22 | Clean Water | New Hampshire AG Secured $25 Million Settlement for PCB Contamination | On February 22, New Hampshire Attorney General John M. Formella, along with Governor Chris Sununu, announced a settlement with agrochemical company Monsanto for selling products containing polychlorinated biphenyls (PCBs) over a period of more than 50 years until 1977, resulting in the contamination of over 100 state bodies of water. PCBs have cancerous, neurological, reproductive, and other harmful effects in humans and wildlife, and are resistant to environmental degradation. The AG’s Office sued Monsanto in 2020 for marketing and selling PCB-containing products despite knowing the threat PCBs pose to human health and the environment. The settlement requires Monsanto to pay $25 million in damages. | Litigation | New Hampshire | New Hampshire | Toxics | Non-Federal | Win | Press Releases/Statements | Settlement: https://www.doj.nh.gov/news/2022/documents/monsanto-settlement-agreement.pdf; NH Press - Lawsuit (Oct 2020): https://www.doj.nh.gov/news/2020/20201027-pcb-lawsuit.htm; NH Press - Settlement (Feb 2022): https://www.doj.nh.gov/news/2022/20220222-monsanto.htm | |||||||||||||||
39 | 2022-02-22 | Energy & Energy Efficiency | Virginia AG Advocated for Ratepayer Protection Against Utility Company Interests | Virginia Attorney General Jason Miyares submitted comments to the Federal Energy Regulatory Commission (FERC) regarding how utilities recover their dues payments to trade associations from ratepayers. Utilities often use money received from consumers through their energy bills to pay dues to organizations, such as trade associations, that influence public opinion on political and civic activities—many of which may not have interests that are aligned with ratepayers’ interests. In his comments, AG Miyares urged FERC to give utilities the burden of proving benefits to ratepayers before they can recover costs of trade association dues. | Rulemaking & Other Federal Administrative Proceedings | Virginia | Virginia | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220222-5327&optimized=false | |||||||||||||||
40 | 2022-02-22 | Energy & Energy Efficiency | Eight AGs Advocated for Ratepayer Protection Against Utility Company Interests | Massachusetts Attorney General Maura Healey led a coalition of eight AGs in comments to the Federal Energy Regulatory Commission (FERC) on how utilities recover their payments to trade associations from ratepayers. Utilities often use money received from consumers through their energy bills to pay dues to organizations, such as trade associations, that influence public opinion on political and civic activities—many of which may not have interests that are aligned with ratepayers’ interests. The AGs argued in their comments that utilities should not be able to recover the cost of trade association dues when the dues do not explicitly benefit ratepayers and that FERC should promote better transparency on how funds are being used by utility companies. | Rulemaking & Other Federal Administrative Proceedings | Massachusetts | Massachusetts, Minnesota, Oregon, Connecticut, Maryland, Rhode Island, Michigan, Delaware | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comment Letter: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220222-5380&optimized=false | |||||||||||||||
41 | 2022-02-22 | Energy & Energy Efficiency | Seven AGs Urged FERC to Consider Environmental Justice in Reactive Power Compensation Rules | Connecticut Attorney General William Tong led a coalition of nine states (including attorneys general from seven states) in sending comments to FERC in response to the Commission’s Notice of Inquiry on compensating generating facilities for reactive power, a certain type of power which is needed to move “real power” across the grid. The comments point out that facilities that generate reactive power often rely on fossil fuels and are situated in low-income communities and communities of color. The coalition urged the Commission to consider the health and safety interests of these communities, as well as state clean energy policies, as it develops rules for reactive power compensation. The comments also called on FERC to protect ratepayers from “unjust and unreasonable costs and risks” associated with the changes. | Rulemaking & Other Federal Administrative Proceedings | Connecticut | Massachusetts, Minnesota, Connecticut, Oregon, Rhode Island, Michigan, Delaware | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://portal.ct.gov/-/media/AG/Press_Releases/2021/Comments-of-the-State-Agencies-RM22-2.pdf; CT Press: https://portal.ct.gov/AG/Press-Releases/2022-Press-Releases/Connecticut-Leads-Multistate-Comments-to-FERC | |||||||||||||||
42 | 2022-02-24 | Climate Change | New Mexico AG Launched Extreme Heat Task Force | New Mexico Attorney General Hector Balderas launched a task force to assess and develop plans to respond in times of extreme heat waves, in addition to other actions the state is taking to prevent blackouts during the summer. The task force will consist of state, local, and tribal government leaders, as well as industry experts, and will focus on community-level communication about preparing for and responding to heat wave risks. | Other | New Mexico | New Mexico | Climate Adaptation & Resilience; Climate Resilience; Effects of Climate Change; Natural & Climate Disasters | Non-Federal | Press Releases/Statements | NM Press - Announcement: https://www.nmag.gov/uploads/PressRelease/48737699ae174b30ac51a7eb286e661f/Attorney_General_Balderas_Launches_Energy_Security_Investigation_and_Emergency_Preparedness_Task_Force.pdf; NM Press - Kickoff: https://www.nmag.gov/uploads/PressRelease/48737699ae174b30ac51a7eb286e661f/New_Mexico_Attorney_General_Kick%E2%80%99s_Off_Energy_Security_Investigation_Task_Force.pdf | ||||||||||||||||
43 | 2022-02-25 | Clean Air | Four AGs Filed Amicus Brief in Cross-State Air Pollution Case | New York Attorney General Letitia James led a coalition of four states and the City of New York in filing an amicus brief in the case Midwest Ozone Group (MOG) v. EPA, et al., in which a group of electric utilities are challenging EPA’s Cross-State Air Pollution Rule (CSAPR). This rule uses emissions trading programs to limit certain ozone- and particulate matter-causing emissions in “upwind” states to protect air quality in “downwind” states. In the brief, the coalition rejected the utilities’ arguments that the rule is unwarranted and that EPA set unreasonable deadlines. The AGs urged the U.S. Court of Appeals for the D.C. Circuit to uphold the rule. A group of environmental organizations also filed an amicus brief. | Litigation | New York | Massachusetts, New York, New Jersey, Delaware | Clean Air & Climate; Ozone | Biden Administration | Pending | Briefs | Amicus Brief: https://www.law.nyu.edu/sites/default/files/Amicus-Brief-Cross-State-Ozone.pdf | |||||||||||||||
44 | 2022-02-28 | Safety & Toxics | Colorado AG Filed Lawsuit Against Companies for Use of PFAS in Firefighting Foam | Attorney General Phil Weiser filed a lawsuit against 15 companies for manufacturing firefighting foam containing PFAS that damaged and injured public health and natural resources. | Litigation | Colorado | Colorado | Toxics; PFAS | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://coag.gov/app/uploads/2022/02/AFFF-Complaint-FINAL-2-27-2022.pdf; CO Press: https://coag.gov/press-releases/2-28-22/ | ||||||||||||||||
45 | 2022-02-28 | Clean Air | Fifteen AGs Urged DOE to Update Fuel Efficiency Metric | California Attorney General Rob Bonta led a coalition of 15 AGs and three cities in urging the Department of Energy (DOE) to update its petroleum equivalency factor, which is used for calculating how electric vehicles contribute towards manufacturers’ average fleetwide fuel economy, given that they do not use fuel. The comments argue that DOE’s current iteration of the metric relies on outdated data, allowing manufacturers to appear to meet standards required by the Corporate Average Fuel Economy (CAFE) program without actually improving their fleetwide fuel economy. The comments support a petition for rulemaking filed by environmental groups at the end of last year. | Rulemaking & Other Federal Administrative Proceedings | California | California, Illinois, Maine, Minnesota, Nevada, New York, Oregon, Vermont, Maryland, Pennsylvania, Rhode Island, Michigan, Delaware, Hawaii, Washington, D.C. | Department of Energy | Clean Air & Climate; Clean Car Standards | Biden Administration | Comment Letters | Comments: https://www.law.nyu.edu/sites/default/files/DOE%20PEF_Comments%20of%20States%20and%20Cities.pdf; CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-urges-department-energy-update-calculations-determine | |||||||||||||||
46 | 2022-02-28 | Clean Air | Thirteen AGs Pushed for Stronger EPA Regulation of GHGs from Airplanes | California Attorney General Rob Bonta led a coalition of 13 AGs in filing a brief in their challenge to the Environmental Protection Agency’s (EPA) Aircraft Rule, which purports to cut greenhouse gas (GHG) emissions from aircrafts. Under the Clean Air Act, EPA is obligated to develop standards to mitigate these emissions, but the agency’s own analysis admitted that the rule will not actually reduce emissions or prompt technological improvements. The Clean Air Act also prevents states from adopting their own aircraft emissions standards, so EPA’s rule blocks states from protecting their communities, environment, and natural resources from aircraft pollution.The brief also emphasizes that the rule is inconsistent with EPA’s commitment to environmental justice. Low-income communities and communities of color are disproportionately harmed by co-pollutants associated with aircraft GHG emissions that are emitted during takeoffs and landings, yet the rule brushes off those concerns. The AGs urge the court to order EPA to set new, more effective GHG standards for aircraft that include environmental justice considerations. | Litigation | California | California, Illinois, Massachusetts, Minnesota, New York, Oregon, Vermont, Connecticut, Maryland, New Jersey, Pennsylvania, Washington, Washington | Environmental Protection Agency | Clean Air & Climate; Clean Air Act | Biden Administration | Pending | Briefs | Brief: https://www.law.nyu.edu/sites/default/files/California%20Petitioner%20Br%20DC%20Cir%2021-1018.pdf | ||||||||||||||
47 | 2022-03-01 | Climate Change | Michigan AG Called for Climate Plans from Utilities | Michigan Attorney General Dana Nessel, along with the Citizens Utility Board of Michigan, urged the Michigan Public Service Commission to ask utilities and other interested parties to explain how they plan to use federal clean energy grants and programs from the $550 billion infrastructure bill signed last November. | State Administrative Proceeding | Michigan | Michigan | Energy & Energy Efficiency; Energy Efficiency; Renewable/Zero-Emissions Energy; Utilities & Rates | Non-Federal | Non-rulemaking Letters; Press Releases/Statements | Letter: https://www.michigan.gov/documents/ag/AG_Letter_to_MPSC_Commissioners_on_Infrastructure_Funds_749082_7.pdf; MI Press: https://www.michigan.gov/ag/0,4534,7-359--578075--,00.html | ||||||||||||||||
48 | 2022-03-01 | Public Lands & Wildlife | Michigan AG Sued Hydroelectric Company for Endangering Wildlife, Causing Public Safety Hazard | Michigan Attorney General Dana Nessel filed a complaint against several hydroelectric companies for displacing a dangerous amount of sediment by mismanaging a lake drawdown, which is when a dam is used to control the water levels of a lake. In order to repair their dams, the companies failed to follow procedures to protect wildlife and public safety, ignoring repeated warnings by AG Nessel and the Federal Energy Regulatory Commission (FERC) to minimize the impact of the process. The complaint seeks civil fines and damages, as well as a court order requiring the companies to clean up the damage. | Environmental Enforcement; Litigation | Michigan | Michigan | Public Lands & Wildlife; Wildlife | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.michigan.gov/documents/ag/Complaint_2022-03-01_749131_7.pdf; MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-578111--,00.html | ||||||||||||||||
49 | 2022-03-01 | Climate Change | New York AG Called for Extreme Weather Alerts to Be Made Available in More Languages | New York Attorney General Letitia James sent a letter to the Commerce Department and the National Weather Service (NWS) calling for weather alerts to be made available in all languages commonly spoken in the areas where the alerts are provided. The letter explains that more accessible information can save lives during extreme weather events, which is especially important as climate change causes these events to become more dangerous and more frequent. For example, the majority of deaths in New York City caused by Hurricane Ida last fall were in neighborhoods where up to 80% of households speak a primary language other than English or Spanish, the two languages used in NWS cell phone alerts. In addition to providing a preliminary list of languages for New York City alerts, the letter urges NWS to expand its capacity so that across the country, alerts can be provided in additional languages based on locality. | Other | New York | New York | Department of the Interior; Office of Natural Resources Revenue; National Weather Service | Climate Adaptation & Resilience; Climate Resilience; Effects of Climate Change; Natural & Climate Disasters; Environmental Justice | Biden Administration | Non-rulemaking Letters | Letter: https://ag.ny.gov/sites/default/files/nyag_james_letter_to_commerce_secretary_national_weather_service_acting_director_2-23-2022.pdf; NY Press: https://ag.ny.gov/press-release/2022/attorney-general-james-calls-national-weather-service-increase-language | |||||||||||||||
50 | 2022-03-04 | Clean Air | Indiana AG Holds Utility Company Accountable for Coal Ash Pollution | Indiana Attorney General Todd Rokita and the U.S. Department of Justice announced a consent decree with Northern Indiana Public Service Company for its contamination of soil and drinking water at the Pines Groundwater Plume Superfund site in northwest Indiana. The company’s power generating facility produces coal ash as a byproduct, which contains hazardous substances such as arsenic and lead. Instead of properly disposing of the coal ash, the company distributed it across the town to be used as landscaping fill, contaminating nearby soil and groundwater, according to the complaint. The consent decree, which is subject to a public comment period and approval by the court, requires the company to identify and clean up remaining contaminated soil and monitor for additional contamination at residential areas within the site. | Environmental Enforcement | Indiana | Indiana | Fossil Fuels; Coal; Toxics; Water | Non-Federal | Complaints; Other; Press Releases/Statements | Consent Decree: https://www.justice.gov/enrd/consent-decree/file/1479686/download; Complaint: https://www.justice.gov/enrd/consent-decree/file/1479681/download; DOJ Press: https://www.justice.gov/opa/pr/northern-indiana-public-service-company-clean-remaining-surface-contamination-town-pines | ||||||||||||||||
51 | 2022-03-08 | Safety & Toxics | California AG Secured Decision against Company for Pesticide Drift | California Attorney General Rob Bonta, the California Department of Pesticide Regulation, and San Joaquin County District Attorney announced a decision from a county court against Alpine Helicopter Service, Inc for violating laws prohibiting pesticide drift. The court ordered a trial to determine the penalties Alpine will owe for its damage to public health and the environment. | Litigation | California | California | Toxics; Pesticides | Non-Federal | Judgment | CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-california-department-pesticide-regulation-and-district; Court Decision: https://oag.ca.gov/system/files/attachments/press-docs/Statement%20of%20Decision_0.pdf | ||||||||||||||||
52 | 2022-03-08 | Clean Air | Twenty-Three AGs Intervened to Support EPA's Clean Car Standards | California Attorney General Rob Bonta led a coalition of 23 AGs in intervening to defend EPA’s Clean Car Standards after the rule was challenged by a coalition of states led by Texas. The current rule, which replaced a less protective version from the previous administration, sets emission standards for light-duty vehicles in model years 2023 to 2026, and is expected to prevent over 3 billion tons of greenhouse gas emissions by 2050. In their motions to intervene, the AGs reject the challengers’ claims that the rule is outside EPA’s authority, and argue that the rule is necessary to protect public health and the environment, especially in communities of color and low-income communities. | Litigation | California | California, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, New Jersey, Pennsylvania, Wisconsin, Rhode Island, Michigan, Delaware, North Carolina, Hawaii, Colorado, Washington, Washington, D.C. | Environmental Protection Agency | Clean Air & Climate; Clean Car Standards | Biden Administration | Pending | Motions; Press Releases/Statements | Motion to Intervene: https://oag.ca.gov/system/files/attachments/press-docs/EPA%20GHG%20Standrds%20-%20Motion%20to%20Intervene.pdf; CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-governor-newsom-carb-lead-coalition-defense-federal-ghg | ||||||||||||||
53 | 2022-03-09 | Clean Air | California AG Made Statement Following Restoration of Clean Car Standards Waiver | California Attorney General Rob Bonta made a statement after the Environmental Protection Agency restored the state's Clean Car Standards waiver, which allows California (and any other state that so chooses) to set its own vehicle emissions standards. This authority had previously been revoked under the Trump Administration. | Other | California | California | Environmental Protection Agency | Clean Air & Climate; Clean Car Standards | Biden Administration | Press Releases/Statements | EPA Announcement: https://perma.cc/S3MN-VYB9; CA Press Release: https://perma.cc/S48T-75W9 | |||||||||||||||
54 | 2022-03-10 | Safety & Toxics | Michigan AG Settled Cleans Up Violations at Landfill | Michigan Attorney General Dana Nessel, along with the Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced a settlement agreement with the owner and operator of Arbor Hills Landfill, resolving claims regarding inadequate control of gas from the landfill and improper management of liquid waste. The settlement will require the operator to pay $2.3 million to update its operations, comply with regular inspections, provide households with a free service to safely discard hazardous waste, and pay a civil fine. | Litigation | Michigan | Michigan | Toxics; Hazardous Waste | Non-Federal | Press Releases/Statements | MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-578549--,00.html | ||||||||||||||||
55 | 2022-03-11 | Safety & Toxics | Rhode Island AG Enforced Lead Rules Against Landlords | Rhode Island Attorney General Peter Neronha shared that his office filed four lawsuits against landlords whose properties were found to be violating state lead poisoning prevention laws and exposing children to lead in their homes. The AG is seeking a court order that will require the landlords to correct lead violations in their properties, provide accommodations for residents during clean-ups, and establish monetary penalties for the landlords if they fail to comply. | Litigation | Rhode Island | Rhode Island | Toxics | Non-Federal | Press Releases/Statements | RI Press: https://riag.ri.gov/press-releases/attorney-general-files-lead-enforcement-lawsuits-against-four-providence-landlords | ||||||||||||||||
56 | 2022-03-11 | Safety & Toxics | Wisconsin AG Held Company Accountable for PFAS Violation | Wisconsin Attorney General Josh Kaul filed a lawsuit against Tyco Fire Products LP and Johnson Controls, Inc. for violating state laws pertaining to environmental pollution caused by per- and polyfluoroalkyl substances (PFAS). The AG’s office found that beginning in 1962, the company had continuously released PFAS into the soil, groundwater, and air surrounding Tyco’s fire technology center during the process of researching and developing fire suppressants on-site. Tyco failed to notify the state of Wisconsin about its PFAS discharge and did not take action necessary to restore the environment after it released the dangerous chemicals. AG Kaul is seeking penalties for damages and expenses associated with investigating the case. | Litigation | Wisconsin | Wisconsin | Toxics; PFAS | Non-Federal | Complaints; Press Releases/Statements | Lawsuit: https://www.doj.state.wi.us/sites/default/files/news-media/3.14.22_JCI_Complaint.pdf; WI Press: https://www.doj.state.wi.us/news-releases/ag-kaul-files-lawsuit-against-johnson-controls-inc-and-tyco-fire-products-pfas | ||||||||||||||||
57 | 2022-03-16 | Safety & Toxics | Illinois AG Sued 3M over Improper Handling of PFAS | Attorney General Kwame Raoul filed a lawsuit against 3M for contaminating the environment surrounding its facility, which is located near the Mississippi River, by improperly handling per- and polyflouroalkyl substances (PFAS), a class of toxic substances known as "forever chemicals" that are resistant to breakdown in the human body and in the environment. AG Raoul's lawsuit alleges that 3M was aware of the issue but failed to address it. AG Raoul is seeking up to $50,000 in penalties for each violation, $10,000 for each day the violations continue, additional damages related to harm to the natural environment, and for 3M to address the contamination. | Litigation | Illinois | Illinois | Toxics; PFAS | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.illinoisattorneygeneral.gov/pressroom/2022_03/Raoul_v_3M_Complaint_3_15_22_Final_with_AJL_Signature.pdf; IL Press: https://www.illinoisattorneygeneral.gov/pressroom/2022_03/20220316.html | ||||||||||||||||
58 | 2022-03-16 | Safety & Toxics | Nineteen AGs Pushed EPA to Protect Communities Against Lead Poisoning | New York Attorney General Letitia James led a coalition of 19 AGs in comments in response to EPA’s draft strategy to reduce lead exposures and disparities in communities across the country. The AGs commended the agency’s approach as a “strong starting point” for tackling the pervasive public health concerns caused by lead exposure and agreed with EPA’s decision centering environmental justice in its strategy. But the coalition argued the agency could be doing even more to ensure that its plans do not “miss opportunities to reach its goals or omit critical pathways of lead exposure.” The comments laid out specific standards and initiatives to mitigate lead exposure from critical pathways such as paint, drinking water, soil, air, food, and occupational transmission. | Rulemaking & Other Federal Administrative Proceedings | New York | California, Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, Pennsylvania, Wisconsin, Rhode Island, Michigan, Delaware, North Carolina, Hawaii, Iowa, Washington, D.C. | Environmental Protection Agency | Toxics; Environmental Justice | Biden Administration | Comment Letters | Comments: https://ag.ny.gov/sites/default/files/nyag_et_al_-_multistate_comments_to_epa_re_lead_strategy_3-16-2022.pdf; NY Press: https://ag.ny.gov/press-release/2022/attorney-general-james-leads-coalition-urging-epa-strengthen-protections-against | |||||||||||||||
59 | 2022-03-18 | Oil & Gas | Illinois AG Sued Pipeline Company over Crude Oil Spill | Illinois Attorney General Kwame Raoul announced a lawsuit against Marathon Pipe Line LLC for the spill of crude oil from the company’s pipeline into a nearby creek. Marathon reported that its pipeline released nearly 4,000 barrels of crude oil, which the AG’s office found to be over 160,000 gallons of crude oil spread into soil, wetlands, and the surrounding environment. AG Raoul sought the immediate end to Marathon’s release of crude oil, actions to remedy the environmental and public health damage, and civil penalties of $50,000 for each violation of state law. | Environmental Enforcement; Litigation | Illinois | Illinois | Fossil Fuels; Oil and Gas; Water | Non-Federal | Press Releases/Statements | IL Press: https://illinoisattorneygeneral.gov/pressroom/2022_03/20220318d.html | ||||||||||||||||
60 | 2022-03-21 | Safety & Toxics | Pennsylvania AG Charged Sanitation Company for Violating Solid Waste Management Act | Pennsylvania Attorney General Josh Shapiro charged a sanitation and sewage disposal company for violating the Solid Waste Management Act. To cut down on costs, the company stored waste treatment byproducts on site rather than disposing of it properly offsite, which is required by law. The company did this for 4 years before selling the site to a new owner, who discovered the waste. | Litigation | Pennsylvania | Pennsylvania | Toxics; Hazardous Waste | Non-Federal | Complaints; Press Releases/Statements | Criminal Complaint: https://www.attorneygeneral.gov/wp-content/uploads/2022/03/2022-03-22-James-Muir-Crim-Complaint.pdf; PA Press: https://www.attorneygeneral.gov/taking-action/ag-shapiro-charges-former-pike-county-sanitation-company-owner-for-repeated-violations-of-solid-waste-management-act/ | ||||||||||||||||
61 | 2022-03-22 | Safety & Toxics | Twelve AGs Pushed EPA to Further Protect Fenceline Communities from Chemical Exposure | New York Attorney General Letitia James led a coalition of 12 AGs in comments to the Environmental Protection Agency (EPA) in response to a proposed screening methodology designed to evaluate chemical exposures to communities that are located close to high-risk facilities like industrial plants under the Toxic Substances Control Act. The proposal aims to remedy a prior policy decision to not assess exposure pathways that fell under other statutes. The AG coalition acknowledged EPA’s efforts, but wrote that the screening “has not gone far enough,” as it examines only one pathway of exposure and thus fails to assess the entire scope of chemicals putting communities at risk by examining. The proposal also fails to consider the cumulative impact of exposures in low-income neighborhoods, communities of color, and Indigenous populations who are more likely to “live, work, or play at the fenceline of polluting facilities and sites.” | Rulemaking & Other Federal Administrative Proceedings | New York | Illinois, Maine, Massachusetts, Minnesota, New York, Oregon, Vermont, Maryland, New Jersey, Pennsylvania, Rhode Island, Hawaii | Environmental Protection Agency | Toxics; Environmental Justice | Biden Administration | Comment Letters | Comments: https://www.law.nyu.edu/sites/default/files/Multi-State%20Comments%20on%20TSCA%20Fenceline%20Screening%20Approach%20%283-22-22%29.pdf | |||||||||||||||
62 | 2022-03-23 | Energy & Energy Efficiency | Nevada AG Filed Comments to FERC about Trade Association Dues | Nevada Attorney General Aaron Ford submitted reply comments responding to FERC's inquiry about restrictions on utilities passing along the costs of trade association dues to their customers. AG Ford highlighted how non-responsive the trade associations had been to FERC’s questions, noting that trade associations are similarly non-responsive to questions about association dues in state commission proceedings. | Rulemaking & Other Federal Administrative Proceedings | Nevada | Nevada | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220323-5201&optimized=false | |||||||||||||||
63 | 2022-03-23 | Energy & Energy Efficiency | Virginia AG Filed Comments to FERC about Trade Association Dues | Virginia Attorney General Jason Miyares submitted comments in response to a Federal Regulatory Commission Notice of Inquiry on industry association dues arguing that initial comments of trade associations in the docket failed to provide detail-oriented responses, raising “red flags regarding the rigor with which trade associations track their expenses.” | Rulemaking & Other Federal Administrative Proceedings | Virginia | Virginia | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220323-5138&optimized=false | |||||||||||||||
64 | 2022-03-23 | Energy & Energy Efficiency | Washington, D.C. AG Sued Utility for Mishandling Community Solar Programs | Washington, D.C. Attorney General Karl Racine and the Office of the People’s Counsel filed a complaint against Potomac Electric Power Company (Pepco) to investigate the utility company’s mismanagement of renewable energy programs. Many D.C. residents already have a high energy burden and do not own property that can support the installation of solar panels. But through programs such as Pepco’s, residents can access renewable energy generated at off-site solar facilities. The AG has found, however, that Pepco may be overcharging more than 6,800 households who are a part of this program. | Litigation | Washington, D.C. | Washington, D.C. | Energy & Energy Efficiency; Energy Efficiency; Solar Power; Utilities & Rates | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://oag.dc.gov/sites/default/files/2022-03/Pepco-CREF-Petition-.pdf; DC Press: https://oag.dc.gov/release/ag-racine-takes-enforcement-action-against-pepco | ||||||||||||||||
65 | 2022-03-23 | Energy & Energy Efficiency | Eight AG Coalition Responded to Utility Claims Over Trade Association Dues | Massachusetts Attorney General Maura Healey led a coalition of eight AGs in reply comments pushing the Federal Energy Regulatory Commission (FERC) to restrict how much of utilities’ payments of trade associations dues the utilities may pass onto their customers. The coalition argues that utilities should be responsible for proving that customers benefit from any expenditures that are passed on to them. They also ask FERC to prohibit utilities from recovering dues that are used “for the purpose of influencing public opinion” or “for the purpose of influencing the decisions of public officials.” | Rulemaking & Other Federal Administrative Proceedings | Massachusetts | Massachusetts, Minnesota, Oregon, Connecticut, Maryland, Rhode Island, Michigan, Delaware | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Utilities & Rates | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220323-5201&optimized=false | |||||||||||||||
66 | 2022-03-24 | Safety & Toxics | Ohio AG Reached Settlement with Monsanto over PCB Contamination | Ohio Attorney General Dave Yost announced an $80 million settlement with Monsanto for knowingly manufacturing and selling products with harmful levels of polychlorinated biphenyls (PCBs), which are a dangerous class of cancer-causing chemicals. The AG office filed a lawsuit against Monsanto in 2018. The state is establishing an environmental advisory board to decide how to disburse the money from the settlement. | Litigation | Ohio | Ohio | Toxics; Hazardous Waste | Non-Federal | Win | Complaints; Judgment; Press Releases/Statements | Settlement: https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/2022-03-21-Ohio-v-Monsanto-Consent-Judgment-Fully.aspx; Complaint: https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Monsanto-Ohio-Complaint-3-5-2018.aspx; OH Press: https://www.ohioattorneygeneral.gov/Media/News-Releases/March-2022/AG-Yost-Reaches-$80-Million-Settlement-With-Monsan | |||||||||||||||
67 | 2022-03-25 | Public Lands & Wildlife | Connecticut AG Sought Custody of Mistreated Animals from Dangerous Rescue Facility | On March 25, Connecticut Attorney General William Tong filed a petition seeking state custody of 70 animals—including cats, dogs, ducks, goats, and a pony—that were being kept in unsanitary, overcrowded conditions at an animal rescue. The animals are now being treated at various facilities, and the state will work to find them permanent homes. | Litigation | Connecticut | Connecticut | Public Lands & Wildlife; Wildlife | Non-Federal | Press Releases/Statements | CT Press: https://portal.ct.gov/AG/Press-Releases/2022-Press-Releases/Attorney-General-Tong-Moves-for-State-Custody-of-Animals-Seized-from-Hebron-Animal-Rescue | ||||||||||||||||
68 | 2022-03-28 | Clean Water | Michigan AG Filed Lawsuit against CAFO for Polluting State Waters | Michigan Attorney General Dana Nessel filed a lawsuit on behalf of the Department of Environment, Great Lakes, and Energy against Holloo Farms, a Concentrated Animal Feeding Operation (CAFO) in Michigan. The complaint alleged that the company polluted the Kalamazoo River and surrounding water bodies with bacteria and other pathogens from animal waste. The repeated action threatens human health and the environment and AG Nessel sought an order for civil fines and an end to future discharges. | Environmental Enforcement; Litigation | Michigan | Michigan | Water | Non-Federal | Complaints; Press Releases/Statements | Complaint: https://www.michigan.gov/documents/ag/Holloo_Farms_Complaint_FILED_750455_7.pdf; MI Press: https://www.michigan.gov/ag/0,4534,7-359-92297_47203-579024--,00.html | ||||||||||||||||
69 | 2022-03-29 | Climate Change | California AG Pushed for Stronger Climate Plan in Fresno County | California Attorney General Rob Bonta’s Bureau of Environmental Justice sent a letter to the County of Fresno outlining his office’s concerns regarding the city’s most recent General Plan, a long-term framework for developing the area. The Bureau found that the county knowingly proposed placing new industrial sites in two communities that already experience some of the highest pollution burden in the state. Both communities are majority Hispanic and low-income. The AG also argued in the letter that Fresno’s plans for future development in these communities likely violate housing discrimination and environmental justice laws, and fail to adopt climate adaptation resiliency strategies. | Other | California | California | Climate Adaptation & Resilience; Climate Resilience; Environmental Justice | Non-Federal | Non-rulemaking Letters; Press Releases/Statements | Letter: https://oag.ca.gov/system/files/attachments/press-docs/Final%20Fresno%20County%20GP%20Letter.pdf; CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-urges-fresno-county-revise-general-plan-address-housing | ||||||||||||||||
70 | 2022-03-29 | Energy & Energy Efficiency | Massachusetts AG Settled with National Grid over Increased Ratepayer Prices Following Utility Sale | Massachusetts Attorney General Maura Healey reached a settlement with National Grid after the utility company tried to increase customer rates by nearly $30 million total in order to recover costs from its sale of its utility, Narragansett Electric Company, which is located in Rhode Island. The settlement requires National Grid to absorb the costs of the sale and to provide customers with a credit to cover the period that rates were increased while this case was still under review. | Litigation | Massachusetts | Massachusetts | Energy & Energy Efficiency; Energy Efficiency; Utilities & Rates | Non-Federal | Win | Judgment; Press Releases/Statements | Settlement: https://www.mass.gov/doc/executed-national-grid-settlement-agreement-over-sale-of-narragansett/download; MA Press: https://www.mass.gov/news/ag-healey-reaches-settlement-with-national-grid-over-sale-of-rhode-island-utility-saving-massachusetts-customers-millions | |||||||||||||||
71 | 2022-03-30 | Safety & Toxics | Guam AG Continued Push for Federal Compensation for Cleanup at Ordot Dump | Guam Attorney General Leevin Taitano Camacho announced that his office is launching an effort to collect public accounts of military waste dumping at the Ordot Dump, which was used for hazardous waste disposal starting after World War II and has been a Superfund site since 1983. The site has been the subject of an ongoing legal battle between Guam and the federal government since 2002 when EPA sued Guam to clean the site up. In 2017, Guam sued the Department of Defense (DOD) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), arguing that the agency should contribute to cleanup costs. DOD argued that the statute of limitations had passed, but last May, the Supreme Court rejected this argument. As the case continues to move forward, AG Camacho is gathering historical accounts of how the site has been used. | Litigation; Other | Guam | Guam | Toxics; Hazardous Waste | Trump Administration | Pending | Other | Press Coverage: https://www.postguam.com/news/local/public-asked-to-share-accounts-of-military-waste-dumping-when-ordot-dump-was-open/article_24c3fb46-afbf-11ec-b1ac-6b58e0093419.html; AG Campaign to Collect Public Information: http://oagguam.org/ordot/ | |||||||||||||||
72 | 2022-03-31 | Safety & Toxics | New York AG Protected Communities against Hazardous Waste Disposal | New York Attorney General Letitia James, along with the New York State Department of Environmental Conservation (DEC), announced the indictment of a shipping company for improperly disposing of wooden beams that contained a hazardous wood preservative called creosote, which New York began phasing out in 2008 and which must be disposed of at a DEC-approved facility. The AG’s office and DEC conducted a joint investigation after the Kentucky-based company failed to dispose of the wooden beams at an approved site and then attempted to cover up its illegal activity by falsifying receipts saying that the material had been deposited at a disposal facility. The indictment charges the company and its vice president, Harold Young, with multiple felony charges, which could result in up to 15 years in prison and $1 million in fines. | Environmental Enforcement; Litigation | New York | New York | Toxics; Hazardous Waste | Non-Federal | Other; Press Releases/Statements | Indictment: https://ag.ny.gov/sites/default/files/cross_tie_indictment-signed_redacted.pdf; NY Press: https://ag.ny.gov/press-release/2022/attorney-general-james-and-dec-commissioner-seggos-announce-indictment-kentucky | ||||||||||||||||
73 | 2022-04-04 | Clean Air | Twelve AGs Called on EPA to Strengthen Regulations of Particulate Matter from Airplanes | California Attorney General Rob Bonta and the California Air Resource Board (CARB) led a coalition of twelve AGs in comments on the Environmental Protection Agency’s (EPA) proposal for regulating particulate matter emitted from airplanes, calling the proposed standards “unlawful, arbitrary, and capricious.” Particulate matter (PM) consists of very small liquid or solid particles that pollute the air and have a range of negative health effects. In their comments, the AGs argued that EPA does not adequately acknowledge the burden of PM emissions from airplanes on nearby communities that are already overburdened by pollution. Moreover, the comments assert that the proposed rule does not meet the agency’s obligation under the Clean Air Act to consider standards that would reduce PM emissions. The coalition called for stricter standards that fully address the environmental justice impacts of PM emissions from aircraft. | Rulemaking & Other Federal Administrative Proceedings | California | California, Illinois, Massachusetts, New York, Oregon, Vermont, Connecticut, New Jersey, Maryland, Pennsylvania, Wisconsin, Washington | Environmental Protection Agency | Clean Air & Climate | Biden Administration | Comment Letters | Comments: https://oag.ca.gov/system/files/attachments/press-docs/Multistate%20Comment%20Aircraft%20PM%20%28FINAL%29.pdf | |||||||||||||||
74 | 2022-04-06 | Safety & Toxics | California AG Announces Settlement against DISH Network for Illegal Hazardous Waste Disposal | On April 6, investigation revealed that, for close to two decades, the company has been illegally sending electronic and other hazardous waste (such as remote controls, power cords, batteries, and so on) to landfills that are not authorized to accept them. The settlement will require DISH to pay a total of $5.5 million in penalties and fines, and to reevaluate and update its operations and training practices to comply with state laws. | Environmental Enforcement; Litigation | California | California | Toxics | Non-Federal | Judgment; Press Releases/Statements | CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-and-district-attorney-omalley-announce-settlement-against; Settlement: https://oag.ca.gov/system/files/attachments/press-docs/22CV008224_03252022JudgmentAmendedOrderFinalJudgmentandPermanentI....pdf | ||||||||||||||||
75 | 2022-04-06 | Safety & Toxics | Massachusetts AG Protected Communities from Asbestos | Massachusetts Attorney General Maura Healey announced that two landlords who illegally handled and transported asbestos in student housing renovation projects had been charged with 106 counts of violating the Massachusetts Clean Air Act. Asbestos, a material used frequently in construction, is a hazardous carcinogen with no safe level of exposure; the landlords failed to follow legally-required procedures for handling asbestos, placing their workers and customers at risk. | Environmental Enforcement; Litigation | Massachusetts | Massachusetts | Toxics | Non-Federal | Press Releases/Statements | MA Press: https://www.mass.gov/news/winchester-landlords-real-estate-and-development-companies-charged-with-illegal-asbestos-work-at-apartments-marketed-to-lowell-and-fitchburg-college-students | ||||||||||||||||
76 | 2022-04-08 | Safety & Toxics | Maryland AG Announced Sentencing against Man for Illegal Tire Dumping | Maryland Attorney General Brian Frosh announced a sentencing in a case of illegal tire dumping that his office had been investigating. A man had been depositing scrap tires into the woods, rather than bringing them to an approved facility, likely to avoid disposal fees. If not properly disposed, scrap tires can pollute nearby air and water, in addition to posing other safety hazards. The sentencing includes three years of probation, 100 hours of community service, and a nearly $18,000 penalty. | Environmental Enforcement; Litigation | Maryland | Maryland | Clean Air & Climate; Toxics; Water; Public Health | Non-Federal | Press Releases/Statements | MD Press: https://www.marylandattorneygeneral.gov/press/2022/040822a.pdf | ||||||||||||||||
77 | 2022-04-11 | Climate Change | Colorado AG Asked State Supreme Court to Review Case Regarding Authority over State Waters | Attorney General Phil Weiser petitioned for the Colorado Supreme Court to overturn a case that would set a new precedent requiring ownership of and access to state rivers and streams to be determined on a case-by-case basis. The case would “force courts to determine navigability for every river and stream in Colorado and have staggering implications for settled agreements governing the use of our state’s rivers,” according to the AG’s office. | Litigation | Colorado | Colorado | Water; Oceans and Water Policy; Waters of the United States | Non-Federal | Petitions; Press Releases/Statements | CO Press: https://coag.gov/press-releases/4-11-22/; Petition: https://coag.gov/app/uploads/2022/04/2022-04-11-12-56-53-COs-Cert-Petition-FINAL-4-11-22.pdf | ||||||||||||||||
78 | 2022-04-11 | Safety & Toxics | Rhode Island AG Announced Settlement with Shell, Sunoco, and CITGO over MTBE Contamination | Rhode Island Attorney General Peter Neronha announced a settlement with several companies in his office’s lawsuit against Shell, Sunoco, and CITGO, as well as a number of other gasoline refineries, for contaminating the state’s soil and groundwater with methyl tertiary-butyl ether (MTBE), which is an additive to gasoline that poses threats to human health and the environment and which frequently leaks from underground storage tanks, including in Rhode Island. The AG’s lawsuit claims that the gas companies knew or should have known the danger posed by the “promotion, design, manufacture, marketing, distribution, supply, sale, handling, spillage, release, and/or storage” of gasoline that contained MTBE. Under the settlement the companies will pay $15 million. The AGO’s MTBE litigation against other companies, including BP, Chevron, Exxon Mobil, and Valero, remains ongoing. | Litigation | Rhode Island | Rhode Island | Fossil Fuels; Oil and Gas | Non-Federal | Press Releases/Statements | RI Press: https://riag.ri.gov/press-releases/attorney-general-neronha-announces-multi-million-dollar-settlement-three-major-oil | ||||||||||||||||
79 | 2022-04-11 | Clean Air | Twenty AGs Supported EPA’s Regulation of Hazardous Air Pollutants from Power Plants | Massachusetts Attorney General Maura Healey led a 20-AG coalition in comments supporting EPA’s proposed national emission standards for coal and oil-fired power plants emitting mercury and other hazardous air pollutants. In 2012, EPA issued the Mercury and Air Toxics Standards Rule under the Clean Air Act, which required power plants to significantly reduce their hazardous air emissions. But in 2020, the agency walked back its obligation to control those pollutants, as the Center summarizes on its website. In their comments, the AGs stressed the need for strong regulation of toxic pollutants emitted from power plants that harm human health and the environment, especially for communities that are already disproportionately burdened by pollution. | Rulemaking & Other Federal Administrative Proceedings | Massachusetts | California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Washington, D.C., Wisconsin | Clean Air & Climate; Clean Air Act; Mercury and Air Toxics Standards; Toxics | Biden Administration | Comment Letters | Comments: https://www.mass.gov/doc/mats-2022-state-comments/download | ||||||||||||||||
80 | 2022-04-12 | Clean Air | Massachusetts AG Launched Online Community Air Monitoring Tool | Massachusetts Attorney General Maura Healey’s office launched a new online tool that will help residents in the Pioneer Valley region of Massachusetts to monitor and help measure air pollution levels in their areas. The website shows current levels based on air quality sensors that have already been installed, and gives residents the option to host an air monitor at their home, school, or workplace. The site also offers guidance to community members on how to keep themselves safe when air pollution is high. | Other | Massachusetts | Massachusetts | Clean Air & Climate; Environmental Justice | Non-Federal | Other; Press Releases/Statements | MA Press: https://www.mass.gov/news/ag-healey-announces-launch-of-new-air-monitoring-website-to-help-pioneer-valley-residents-track-pollution-levels-in-their-neighborhoods; Online Tool: https://pvhealthyair.org/ | ||||||||||||||||
81 | 2022-04-13 | Safety & Toxics | Fourteen AGs Pushed EPA to Ensure Funding For Its Commitments to Address PFAS | Pennsylvania Attorney General Josh Shapiro led a coalition of 14 AGs in a letter to the Environmental Protection Agency (EPA) about the agency’s funding of research into the impacts of Per- and Polyfluoroalkyl Substances, or forever chemicals. In 2021, EPA revealed a whole-of-agency roadmap that set a timeline to research the impact of exposure to the chemicals on human health and the environment, build comprehensive approaches to prevent spread, and clean up areas exposed to the toxic man-made chemicals. To continue this work, earlier this month, EPA requested $57 million in increased funding for 2023. While the AGs applauded the increase in budget, they argued that the agency is not doing enough to direct its current funding towards the goals and commitments for 2022. As stated in the letter, “the success of each of the actions described in the PFAS Roadmap depends on full funding.” | Rulemaking & Other Federal Administrative Proceedings | Pennsylvania | Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Wisconsin, Connecticut, Rhode Island, Michigan, Delaware, Hawaii, Iowa, Pennsylvania | Environmental Protection Agency | Toxics | Biden Administration | Comment Letters | Comments: https://www.michigan.gov/ag/-/media/Project/Websites/AG/releases/2022/April/State_Comments_on_EPAs_PFAS_Spend_Plan_FINAL_751106_7.pdf?rev=761235fc045d4b9c995b1a4427a2ad3c&hash=DB08B30565068BCA058CB3E5C331694C | |||||||||||||||
82 | 2022-04-14 | Energy & Energy Efficiency | Massachusetts and Connecticut AGs Urged FERC to Prioritize Transparency in Market Rules Proceeding | Massachusetts Attorney General Maura Healey and Connecticut Attorney General William Tong, along with the Connecticut Department of Energy and Environmental Protection, sent comments asking FERC to either dismiss or hold in abeyance a complaint filed by RENEW Northeast and the American Clean Power Association (ACP), which alleges that ISO-NE market rules give unfair preference to natural gas resources. In the joint comments, the AGs agree with certain issues raised by RENEW and ACP, but argue that, since the parties bypassed certain steps in the stakeholder process, FERC must dismiss the complaint or wait to consider it until the proper steps have been completed in order to avoid unjust and unreasonable remedies to the issues raised. | Rulemaking & Other Federal Administrative Proceedings | Massachusetts, Connecticut | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Renewable/Zero-Emissions Energy | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20220414-5084 | ||||||||||||||||
83 | 2022-04-15 | Safety & Toxics | Florida AG Sued Manufacturers for Use of PFAS in Firefighting Foam | Florida Attorney General Ashley Moody filed a complaint against 13 companies involved in the manufacturing and distribution of PFAS-containing firefighting foam for harming the environment and jeopardizing public health. The AG argues that the companies “knew or should have known” the dangers their products posed, and is seeking recovery of costs the state has incurred investigating and addressing the contamination. | Litigation | Florida | Florida | Toxics; PFAS | Non-Federal | Complaints | Complaint: https://www.law.nyu.edu/sites/default/files/COMPLAINT%20ba98d943-2d1b-4a16-9484-040ce463c9cc.pdf | ||||||||||||||||
84 | 2022-04-18 | Clean Air | California AG Reached Settlement to Protect Communities from Industrial Development | California Attorney General Rob Bonta announced a settlement with the City of Fontana after his office filed a lawsuit against the city last year for approving two warehouse projects in an area of the city that is already heavily burdened by industry. AG Bonta alleged that the city violated the California Environmental Quality Act, which requires public agencies in the state to consider the potential environmental consequences of proposed development and activities. The settlement will require the developer of the warehouses to comply with requirements to reduce the impact of the facilities on the surrounding community. In addition, the lawsuit led to the adoption of strict environmental standards for any future approvals and development of warehouses in the city. | Litigation | California | California | Environmental Justice | Non-Federal | Judgment | Settlement: https://oag.ca.gov/system/files/attachments/press-docs/Slover%20Warehouse%20Litigation-%20Final%20Combined%20Settlement%20Documents%20for%20filing.pdf; Lawsuit: https://oag.ca.gov/news/press-releases/attorney-general-bonta-challenges-approval-warehouse-project-south-fontana | ||||||||||||||||
85 | 2022-04-18 | Oil & Gas | Illinois AG Sued Fuel Transportation Company for 8,000-Gallon Fuel Spill | Illinois Attorney General Kwame Raoul filed a complaint against Fuel South Express, LLC over an incident in which one of its trucks overturned, spilling nearly all of the fuel it was carrying, which ran into nearby farmland. The lawsuit seeks penalties for violating the Illinois Environmental Protection Act and to recover cleanup costs. | Environmental Enforcement; Litigation | Illinois | Illinois | Fossil Fuels; Oil and Gas | Non-Federal | Press Releases/Statements | IL Press: https://illinoisattorneygeneral.gov/pressroom/2022_04/20220419.html; Agreed Preliminary Injunction Order: https://illinoisattorneygeneral.gov/pressroom/2022_04/Chemtool-Agreed%20Prelminary%20Injunction%20Order%20Entered%204-25-2022.pdf | ||||||||||||||||
86 | 2022-04-20 | Clean Water | Massachusetts AG Secured Settlement with Facility for Water Pollution | Massachusetts Attorney General Maura Healey announced that her office secured a settlement with a scrap metal processing facility over the release of pollutants into a tributary of the Chicopee River. The company will pay $165,000 for knowingly discharging stormwater full of heavy metals and pollutants. The funds will be used to finance projects that protect the Chicopee River and address health and environmental issues communities face in the area. | Litigation | Massachusetts | Massachusetts | Water | Non-Federal | Press Releases/Statements | MA Press: https://www.mass.gov/news/springfield-scrap-metal-company-to-fund-water-quality-and-health-equity-projects-following-claims-of-illegal-stormwater-pollution | ||||||||||||||||
87 | 2022-04-20 | Energy & Energy Efficiency | Michigan AG Announced Settlement That Will Reduce Use of Coal in the State | Michigan Attorney General Dana Nessel announced a proposed settlement agreement with Consumers Energy Company, a gas and electric utility, in its integrated resource planning case before the Michigan Public Service Commission. If approved, the settlement will end the utility’s use of coal by 2025. In addition, the settlement will also require the company to increase its solar power capacity substantially. | Litigation | Massachusetts | Massachusetts | Fossil Fuels; Coal | Non-Federal | Press Releases/Statements | MA Press: https://www.michigan.gov/ag/news/press-releases/2022/04/20/ag-nessel-consumers-energy-reach-settlement-to-end-use-of-coal-in-michigan | ||||||||||||||||
88 | 2022-04-21 | Oil & Gas | Rhode Island AG Supported Siting Board’s Decision to Thoroughly Review Liquid Propane Gas Facility | Rhode Island Attorney General Peter Neronha released a statement supporting the Rhode Island Energy Facility Siting Board’s decision to conduct a thorough review of a proposed expansion to a liquid propane gas facility by Sea 3 Providence, LLC. The company petitioned the Siting Board, requesting that the project proceed without a full review, and AG Neronha’s office intervened. The Siting Board’s decision to deny Sea 3 Providence’s petition explained that the proposed project constitutes an “alteration of a major energy facility,” and thus requires a full application and subsequent review. | State Administrative Proceeding | Rhode Island | Rhode Island | Fossil Fuels; Oil and Gas | Non-Federal | Press Releases/Statements | RI Press: https://riag.ri.gov/press-releases/attorney-general-neronha-applauds-decision-efsb-fully-review-proposed-liquid-propane | ||||||||||||||||
89 | 2022-04-21 | Clean Water | Wisconsin AG Secured Penalty against Concentrated Animal Feeding Operation | Attorney General Josh Kaul announced that he had secured a civil judgement against a concentrated animal feeding operation (CAFO) for mismanaging manure and threatening public health. The AG’s complaint, filed earlier in the month, claimed that, on multiple occasions over three years, the CAFO spread manure in illegal areas and failed to prevent contaminated water from running off the property, violating the facility’s wastewater discharge permit. The CAFO will pay $225,000 in penalties. | Litigation | Wisconsin | Wisconsin | Water; Public Health | Non-Federal | Press Releases/Statements | WI Press: https://www.doj.state.wi.us/news-releases/ag-kaul-announces-225000-penalty-against-kewaunee-county-concentrated-animal-feeding | ||||||||||||||||
90 | 2022-04-21 | Energy & Energy Efficiency | Massachusetts and Maine AGs Asked FERC for Just and Reasonable Market Reform in Region | Massachusetts Attorney General Maura Healey and the Maine Office of the Public Advocate submitted comments and a partial protest to FERC regarding a proposal from the New England electricity market operator (ISO-New England) to reform a market rule that effectively places a price floor on bids by energy producers, making it more expensive for renewable energy to compete in energy markets. The comments argue that the rule interferes with the ability of states to determine where their electricity comes from, and can lead to higher prices for consumers and less competition. Rather than immediately removing the floor, the market operator has proposed to include a two-year transition period for removing the floor, which will prolong the harms. AG Healey and the Maine Public Advocate are protesting the transition period as unsupported by any evidence to show that it is just and reasonable, including as to consumer rates. | Rulemaking & Other Federal Administrative Proceedings | Maine, Massachusetts | Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Energy Efficiency; Renewable/Zero-Emissions Energy; Utilities & Rates | Non-Federal | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20220421-5164&optimized=false | ||||||||||||||||
91 | 2022-04-25 | Safety & Toxics | Illinois AG Announced Injunction against Chemical Company Following Factory Fire | Illinois Attorney General Kwame Raoul, along with the State’s Attorney of Winnebago County, announced an agreed interim and preliminary injunction order against a chemical company following a fire at their facility last year, which released dangerous pollutants and debris into the surrounding communities. The order requires the company to pay the costs of cleanup, to address remaining hazardous debris, and to propose and adhere to a management and oversight plan for handling chemical products going forward. | State Administrative Proceeding | Illinois | Illinois | Clean Air & Climate; Toxics | Non-Federal | Motions | Court Order: http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://illinoisattorneygeneral.gov/pressroom/2022_04/Chemtool-Agreed%20Prelminary%20Injunction%20Order%20Entered%204-25-2022.pdf | ||||||||||||||||
92 | 2022-04-25 | Oil & Gas | Nevada AG Addressed Climate and Environmental Justice Reviews in Natural Gas Projects | Nevada Attorney General Aaron Ford filed comments to the Federal Energy Regulatory Commission (FERC) in response to the agency’s proposals for changes to its process for certifying new interstate natural gas facilities. The comments focused on FERC’s commitment to assess the need for projects. The AG highlighted examples of project approvals where FERC’s failure to comprehensively review evidence on whether a project is needed has resulted in unused pipeline capacity. | Rulemaking & Other Federal Administrative Proceedings | Nevada | Nevada | Fossil Fuels; Oil and Gas; Pipelines; Environmental Justice | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20220425-5076 | ||||||||||||||||
93 | 2022-04-25 | Oil & Gas | Twelve AGs Sent Comments to FERC in Response to Natural Gas Projects Certification | Massachusetts Attorney General Maura Healey and Maryland Attorney General Brian Frosh led a coalition of 12 AGs in comments to the Federal Energy Regulatory Commission (FERC) in response to the agency’s proposals for changes to its draft policy statements on certification of new natural gas facilities and on considering greenhouse gas emissions of natural gas infrastructure. The coalition encouraged FERC to “adopt a general presumption that additional investment in gas pipeline infrastructure is inconsistent with” state clean energy and climate goals. The AGs also urged FERC to fully consider a project’s effects, including its greenhouse gas emissions, on environmental justice communities. On the question of project need, the AGs asked FERC to consider how the project fits in with state and regional clean energy goals, as well as to adopt a rebuttable presumption that agreements to sell the gas to corporate affiliates is not enough to demonstrate that a project is needed. | Rulemaking & Other Federal Administrative Proceedings | Massachusetts, Maryland | Illinois, Massachusetts, Minnesota, New York, Oregon, Connecticut, Maryland, New Jersey, Rhode Island, Michigan, Delaware, Washington, D.C. | Department of Defense; U.S. Army Corps of Engineers; Department of Energy; Office of Energy Efficiency and Renewable Energy; Federal Energy Regulatory Commission | Energy & Energy Efficiency; Renewable/Zero-Emissions Energy; Fossil Fuels; Oil and Gas | Biden Administration | Comment Letters | Comments: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20220425-5418 | |||||||||||||||
94 | 2022-04-26 | Energy & Energy Efficiency | Minnesota AG Files Lawsuit against Fraudulent Companies Selling Solar Panels | Minnesota Attorney General Keith Ellison filed a lawsuit against four solar panel sales companies for fraudulent practices, including false claims of working in partnership with local utilities, lying about cost savings, using “high-pressure tactics” to trick customers into signing contracts, and installing faulty solar panels. The lawsuit seeks civil penalties, recovery of consumer costs, and the ability for customers to cancel their contracts with the companies. In a statement, the AG emphasized that shutting down scams and bad actors in the solar energy industry will help legitimate solar businesses to succeed. | Litigation | Minnesota | Minnesota | Energy & Energy Efficiency; Solar Power; Consumer Protection | Non-Federal | Complaints | Complaint: https://www.ag.state.mn.us/Office/Communications/2022/docs/Brio_Complaint.pdf | ||||||||||||||||
95 | 2022-04-26 | Safety & Toxics | Vermont AG Succeeds in Lawsuit against Landlord for Violating Lead Regulations | Vermont Attorney General TJ Donovan announced that the Rutland Superior Court ordered a rental property owner to bring his 30+ properties into compliance after the AG’s office investigated and sued him for violating state lead laws. Children living in residences owned by the landlord were found to have elevated levels of lead in their blood. Under the judgment, the landlord must meet specific deadlines for addressing the lead contamination, and may not rent any newly vacant properties. | Litigation | Vermont | Vermont | Toxics; Consumer Protection | Non-Federal | Press Releases/Statements | VT Press: https://ago.vermont.gov/blog/2022/04/26/court-issues-judgment-against-rutland-landlord-for-violations-of-lead-law/ | ||||||||||||||||
96 | 2022-04-27 | Oil & Gas | Illinois AG Filed Suit against Gas Station after Gas Spill Contaminated Wetland | Illinois Attorney General Kwame Raoul filed a lawsuit against a gas station for contaminating nearby soil, groundwater, and wetlands after a gasoline spill earlier in the month. The complaint sought to require the company that owns the gas station to investigate the spill, address the conditions that led to it, and to clean up existing contamination. | Litigation | Illinois | Illinois | Fossil Fuels; Oil and Gas; Water | Non-Federal | Complaints | Complaint: https://illinoisattorneygeneral.gov/pressroom/2022_04/LB_Five_Series_E_Complaint_FILED_4_26_2022.pdf | ||||||||||||||||
97 | 2022-04-27 | Clean Air | Seventeen AGs Filed Lawsuit Against USPS for Replacing Fleet with Gas-Powered Trucks | California Attorney General Rob Bonta, New York Attorney General Letitia James, and Pennsylvania Attorney General Josh Shapiro led a coalition of 17 AGs in filing a lawsuit against the U.S. Postal Service (USPS) for planning to replace the majority of its truck fleet with fossil-fuel powered vehicles. The AGs argue that this action violated the National Environmental Policy Act, since USPS committed to this plan before completing its environmental impact statement, and since the complete EIS “significantly underestimates the climate impacts of maintaining a massive fleet of gas-powered vehicles for potentially the next several decades, rather than electrifying its fleet in the near term.” The complaint also emphasizes the agency’s failure to consider the effects of this plan on environmental justice communities, given that many USPS distribution facilities are located in communities already overburdened by pollution. | Litigation | California, New York, Pennsylvania | California, Illinois, Maine, New Mexico, New York, Oregon, Vermont, Connecticut, Maryland, New Jersey, Pennsylvania, Rhode Island, Michigan, Delaware, North Carolina, Washington, Washington, D.C. | U.S. Postal Service | Clean Air & Climate; Greenhouse Gas Emissions; Cross-Cutting & Administrative; National Environmental Policy Act | Biden Administration | Pending | Complaints | Complaint: https://oag.ca.gov/system/files/attachments/press-docs/1+Complaint+%281%29.pdf | ||||||||||||||
98 | 2022-04-28 | Oil & Gas | California AG Launched Investigation into Industries Responsible for Plastics Crisis | California Attorney General Rob Bonta announced that his office is launching an investigation into the fossil fuel and petrochemical industries for the role they have played in increasing plastic pollution. The investigation will consider whether the companies violated any state laws. | Other | California | California | Plastics & Petrochemicals | Non-Federal | Press Releases/Statements | CA Press: https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-investigation-fossil-fuel-and-petrochemical | ||||||||||||||||
99 | 2022-05-03 | Clean Water | New Jersey AG Secured Charges for Sewage Dumping | Acting New Jersey Attorney General Matthew Platkin announced the indictment of an individual on charges of illegally dumping sewage waste into a state lake. According to the investigation, the man had collected hundreds of gallons of sewage from residences and discharged the septic waste into a storm drain that led to a nearby lake, potentially for profit. The charges could lead to up to six and half years in prison and up to $25,000 in fines. | Environmental Enforcement; Litigation | New Jersey | New Jersey | Water | Non-Federal | Press Releases/Statements | NJ Press: https://www.njoag.gov/acting-ag-platkin-announces-indictment-of-new-york-man-for-allegedly-discharging-sewage-waste-into-a-passaic-county-lake/ | ||||||||||||||||
100 | 2022-05-05 | Public Lands & Wildlife | Guam AG Reached Settlement with Solar Developers for Environmental and Cultural Damages | Guam Attorney General Leevin Camacho announced a settlement with companies whose construction of a solar farm destroyed natural and cultural resources. According to the AG’s August 2021 complaint, the companies failed to implement erosion control measures before beginning construction, causing sediment to flow into a nearby coastal cave, adjoining freshwater pools, the ocean, and surrounding properties. Under the settlement, the companies will pay a total of $950,000, which will be split among the Guam Environmental Protection Agency, groups working to preserve Guam’s natural resources through conservation and educational initiatives, and communities most affected by the damage. The settlement also required the companies to restore the site to its prior condition. | Environmental Enforcement; Litigation | Guam | Guam | Water | Non-Federal | Complaints; Press Releases/Statements | Press Conference: https://www.youtube.com/watch?v=8hVSDTOvxIw; Complaint: https://secureservercdn.net/50.62.194.59/inz.051.myftpupload.com/wp-content/uploads/2021/08/Sasayan-Suit-KepCo-Samsung-Complaint-08.05.21.pdf | ||||||||||||||||