The massive leak from Southern California Gas Company’s Aliso Canyon natural gas field in northwestern Los Angeles County was discovered on October 23rd of last year and, more than three months later, shows no sign of abating. Public prosecutors have pretty clearly lost patience with SoCal gas and its ineffective remediation efforts to date. This […]
Pollution & Health
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is […]
Three Interesting Notes About Lead Regulation and Exposure
At this point, you would need to be a hermit to have missed the news coverage of elevated levels of lead in the drinking water in Flint, MI. (Although even that might not be a valid excuse given an ancient, anonymous Roman hermit described lead poisoning). The short version is: in April 2014 a cash […]
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most […]
Somehow, Congress managed to pass a pro-environmental law. Amazing!
Just before Christmas, the NY Times reported that Congress passed the Microbead Free Waters Act of 2015. The law bans nearly invisible small beads that have been added as abrasives to products like toothpaste. The trouble is that the beads get into waterways, where pollutants like PCBs adhere to their surfaces. Even more amazingly, the bill […]
EPA's pesticide registration efforts trigger forceful response
Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.” Yikes. What did the EPA do to elicit such a reaction from a federal judge? The short […]
Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs
*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified […]
Chemical Used in Teflon Linked to Numerous Health Problems, but its Use is Still Legal Under TSCA
Yesterday, a jury in the Southern District of Ohio found DuPont liable for a woman’s kidney cancer in the first of 3,500 suits the company faces. The cases all stem from DuPont’s use and disposal of perflourooctanoic acid (PFOA) or C8. The chemical is used to make Teflon, among other things, and the most recent […]
The Ozone Standard, Regulatory Pragmatism, and the Rule of Law
EPA issued a new regulation last week that mandates a reduction in ozone levels to 70 ppm from the current 75 ppm (originally set by the Bush Administration). The new regulation was immediately attacked by industry and environmentalists. According to industry, the regulation will be a job-killing burden on the economy. According to environmentalists, […]
CCS for coal power plants, but not natural-gas power plants?
This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard […]