EPA

Mountaintop removal update: EPA may grow a spine

EPA today announced that it would review 79 pending applications for Clean Water Act section 404 permits for surface coal mining projects in Appalachia (hat tip: Coal Tattoo). This review is good news, and an indication that EPA may be developing a backbone with respect to the effects of mountaintop removal mining on the region’s …

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One Step Backward, One Nano Step Forward. . . Maybe

The action on nanomaterials continued at the federal level in August, advancing forward in one area (tentatively) and faltering in another (perhaps temporarily).  First, on August 4, the Interagency Testing Committee (ITC) issued its 64th report.  (The ITC is an independent advisory committee charged with identifying potentially toxic chemicals for which there is inadequate testing …

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Can EPA kick-start climate legislation?

The San Francisco Chronicle this morning quotes EPA Administrator Lisa Jackson as saying that her agency will soon finalize its greenhouse endangerment finding (notwithstanding the Chamber of Commerce’s absurd demand for an adjudicatory hearing).  As the story says, “Supporters of climate change legislation are hoping the threat of EPA-mandated limits will spur congressional action.” Although …

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More on the Chamber of Commerce’s extraordinary demand for a “Scopes trial” on climate change

UPDATE: regarding the standard of judicial review of any on-the-record hearing (discussed below), see the comments: commenter Steve Taber disagrees with my initial analysis, and he may be right (though I don’t have time to look into it further today). ORIGINAL POST: Holly has written a thoughtful post discussing the meritlessness and cynicism of the …

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Would a CO2 “monkey trial” improve scientific integrity and transparency?

As reported in the L.A. Times and Wall Street Journal, the U.S. Chamber of Commerce has petitioned EPA to hold a trial-type hearing before finalizing its proposed finding that greenhouse gas emissions endanger public health and welfare. (We blogged about the proposed endangerment finding here.) The main argument in the petition is that a formal …

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Atrazine in drinking water

Atrazine is suddenly very much in the news. Today’s New York Times features a major story about whether the EPA’s current standard for acceptable levels of atrazine in drinking water is tight enough to protect human health. Yesterday’s Peoria Journal carried a story about a class action lawsuit filed in Illinois state court against Syngenta, …

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Offsets and Waxman Markey

Will the massive number of offsets allowed under the proposed Waxman-Markey climate change bill destroy its effectiveness?   Waxman-Markey allows for a huge number of offsets from both domestic and international sources – up to 2 billion tons.   Some analysts estimate that if all of these offsets are used domestic emissions will not begin to decline until …

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Public Enemies: EPA’s Most Wanted List

EPA has a list of fugitives, all of them wanted in connection with environmental crimes. Defendants charged with environmental crimes or violations of the U.S. Federal Criminal Code sometimes flee the court’s jurisdiction and/or the USA rather than face prosecution or to serve a sentence. When these circumstances occur, the defendants become fugitives from justice. …

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Cynthia Giles Tackles Busy Agenda in High-Ranking EPA Post

The following was written by Andrew Cohen for Berkeley Law’s Newsroom. As the new enforcement chief for the U.S. Environmental Protection Agency (EPA), Cynthia Giles [Berkeley Law alum of] ’78 is anything but naïve about the enormity of her position and the pressure it brings. “We have a lot of important work to do,” says …

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Climate change breaking news: EPA grants California waiver to regulate GHG emissions from cars

The U.S. Environmental Protection Agency has taken an important step toward addressing climate change and improving our nation’s automobile fuel economy, by granting California and at least 14 other states a waiver allowing them to regulate automobile greenhouse gas emissions.  This was not unexpected, given the recent passage of federal legislation with standards similar to …

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