Toxics Policy: Expect that the Massachusetts legislature will consider several expansions of the list of toxic substances similar to last year's consideration of: Safer Alternatives to Toxic Chemicals, bisphenol-A ban, cleaning products ban, and flame retardant ban. There will be continued initiatives to expand the Toxic Use Reduction Act program. On the federal level, the U.S. Environmental Protection Agency (EPA) has shown continuing interest in the European Union's REACH (Registration, Evaluation, and Authorization of Chemicals) system. This methodology is quite different than current regulation under the Toxic Substances Control Act and places the highest priority on reducing or eliminating "toxic" substances that could pose a risk to human health or the environment.
Tier II reporting: In Massachusetts, the State Emergency Response Commission (SERC) is moving on new reporting guidance. The guidance should help to clarify and streamline the reporting process.
Biofuels: Continued interest in promoting advanced biofuels should see some significant development in non-food crop ethanol and pilot programs in algal biofuels leading to ethanol and diesel fuels.
Keystone XL Pipeline: Keystone isn't dead and there will be a review of an alternative pipeline route from Canada to the Gulf of Mexico in 2012.
Vehicle Regulations: Despite opposition, expect the EPA and the National Highway Traffic Safety Administration (NHTSA) will develop and promulgate historically aggressive packages of greenhouse gas (GHG) and fuel economy standards changes.
Endangered Species Act: As Administration regulatory initiatives and listing decisions on individual candidate species increase, expect more Congressional oversight on implementation of the Endangered Species Act (ESA).
Natural Gas Issues: Strong interest in natural gas production from shale and Liquefied Natural Gas (LNG) exports will persist, as will the controversies and questions about hydraulic fracturing. Many states are considering requiring reporting on "fracking" chemicals on a well-by-well basis and five states already have such regulations in effect.
Pipeline Safety: The Pipeline and Hazardous Materials Safety Administration (PHMSA) will begin to implement the new pipeline safety legislation enacted in 2011.
Nuclear Matters: Mixed signals will continue to be part of the legacy of Fukishima. We see more states following Vermont's efforts to block extended operation of some operating reactors. The Nuclear Regulatory Commission (NRC) hasn't shown much leadership in addressing disposal, safety and health concerns. And, with low natural gas prices, some impetus for new nuclear capacity has fizzled. Still, licenses for new reactors are expected to be issued. One was recently approved in Utah on the Green River and several are moving ahead with licensing in Florida, Texas and Georgia.
Clean Air Act Reform and Rulemakings: EPA Clean Air Act (CAA) rulemakings will face more attacks in 2012, as the agency maintains a high pace of regulatory activity.
Litigation: Key EPA rulemakings related to Ozone; the Cross State Air Pollution Rule (CSAPR); the GHG Endangerment Finding/Tailoring Rule; and enforcement authority are being litigated in the D.C. Circuit or Supreme Court; several common law claims related to climate change are either scheduled for oral argument or may be decided.