EPA

Happy Birthday, EPA!

Forty years ago, President Nixon created the Environmental Protection Agency by Executive Order.  Here are some of the achievements that EPA lists on its EPA@40 website: [W]e’ve reduced 60% of the dangerous air pollutants that cause smog, acid rain, lead poisoning and more. clean air innovations like smokestack scrubbers and catalytic converters in automobiles have …

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U.S. Supreme Court to Hear Climate Change Nuisance Case

The 2010-2011 U.S. Supreme Court case promises to be a blockbuster one for environmental law.  The Court today announced that it had granted a petition for certiorari filed in AEP v. Connecticut (the lower court decision in the case is here).  The case, brought by  a number of states against the country’s five larges utilities , …

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EPA’s crime on its 40th birthday? Having accomplished too much

EPA head Lisa Jackson waded into hostile territory yesterday with a Wall St Journal editorial defending the agency and its work.  It’s EPA’s fortieth birthday, and she uses the occasion to acknowledge forthrightly that “[w]e reach this milestone exactly one month after the midterm elections strengthened the influence of groups and individuals who threaten to roll back …

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Election review: what message did voters send about the environment, and how will politicians react?

It’s natural, in reflecting on the recent election, to ask whether and to what extent the results reflect public values about protection of the environment.  (Well, at least for me, since I spend my time thinking about these things.)  My answer: not much.  But the election’s impacts on environmental issues will still be significant. While …

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Republicans vow to attack federal climate change efforts

The New York Times reports that senior Republicans are saying they will aggressively attack our administration’s environmental and climate change initiatives if their party wins a majority in the House of Representatives.  EPA will be on the defensive, using its resources to defend against these attacks rather than move forward with regulatory initiatives that both …

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Another Senator paddling backwards on climate (are we up a creek yet?)

News reports yesterday have the moderate Sen. Max Baucus (D-Mont.), at a meeting in his home state, expressing firm opposition to EPA’s regulation of greenhouse gases.  Here’s a link to the short video clip on YouTube.  Up in the air is whether this means he will support any of the formal measures being considered by the Senate to strip …

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Update on Mountaintop Removal: Gov. Manchin Sues EPA

West Virginia Governor Joe Manchin announced Tuesday that West Virginia is filing suit to, as the Governor put it, stop EPA’s “attempts to destroy the coal-mining industry and our way of life.”  The Charleston Gazette has a good summary of the suit.  The suit seeks to invalidate EPA’s recent review of Clean Water Act permits …

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EPA proposes fuel economy letter grade labels for cars

New labels proposed by the federal government would give new cars letter grades reflecting their fuel economy and greenhouse gas emissions.  Electric cars and plug-in hybrids are expected to get the highest grades.  The rule isn’t final yet; the public can comment and make suggestions on the label design. Most of us are familiar with …

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EPA stands by endangerment finding

EPA today issued its response to the 10 petitions that have been filed asking it to reconsider its December 2009 determination that greenhouse gas emissions cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare. To no one’s surprise, the agency is standing by its earlier finding. As …

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DC Circuit upholds air pollution standards for lead

The Legal Planet team has been so busy fretting over the Gulf oil spill (not to mention getting our grading done) that we’ve skipped over some important environmental law developments. Here’s one. In May, the US Court of Appeals for the DC Circuit, upheld EPA’s National Ambient Air Quality Standards (NAAQS) for lead against an …

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