EPA

No wavering in waiver battle

No one is backing down yet in the multiple battles over California’s request for a Clean Air Act waiver to allow it to implement its rules limiting greenhouse gas emissions from cars and trucks.  EPA’s announcement that it would reconsider the Bush administration’s denial of that request was published in the Federal Register on March …

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A little knowledge

As directed in the FY2008 Consolidated Appropriations Act, and less than six months late, EPA has now issued a proposed rule requiring mandatory reporting of greenhouse gas emissions. The preamble can be found here, the proposed regulatory language here, and additional information about the proposed rule here. Relying on its broad information-gathering authorities under Clean …

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The new American Dream

Anti-government conservatives have long ridiculed urban planners and environmentalists for their efforts to concentrate development in urban centers and limit the growth of sprawl. They argue that these ‘grand visionaries’ and urban planners are attempting to engineer top down control over consumers, who by and large desire the stereotypical American dream: a detached, single family …

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The importance of outside advisors and career staff

Dan posted recently about the decision remanding EPA’s latest revision of the particulate NAAQS, American Farm Bureau v. EPA. One thing that struck me reading the decision is the powerful role played not only by outside advisory groups but also by career agency staff. Even if they are overridden by the political decisionmakers, the views …

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Jon Cannon To Be EPA Deputy Administrator

President Obama has nominated Jon Cannon, Professor of Law at University of Virginia, to be the EPA’s new Deputy Administrator, subject to Senate confirmation. Cannon has extensive experience in the federal government, including three years as the EPA’s General Counsel from 1995-98. In my view he’s a great appointment. His background gives him enormous experience, …

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Court ruling will force EPA to take action it was required to take in 1983 (!)

It is not unusual for the federal government to neglect its statutory duties under federal environmental laws; when it does, citizen suits are the primary means of ensuring that the government follows the law.  Sometimes federal agencies’ inaction results from lack of resources, and sometimes it results from intentionally interpreting its duties in a minimalist manner.  In some …

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Another Posthumous Loss for the Bush EPA

Greenwire Reports: The U.S. Circuit Court of Appeals for the District of Columbia ruled that U.S. EPA’s 2006 standards for fine particulate matter were, “in several respects, contrary to law and unsupported by adequately reasoned decisionmaking.” At issue was the rule that kept the primary standard for annual fine particulate matter at 15 micrograms per …

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CO2 and the Clean Air Act

New EPA Administrator Lisa Jackson has granted the Sierra Club’s petition to reconsider a memorandum issued by outgoing Administrator Stephen Johnson in December. Almost two years after the Supreme Court declared, in Massachusetts v. EPA, that CO2 is an “air pollutant” for purposes of the Clean Air Act, this announcement, paired with the decision to …

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Calling All Nanotubes

California is out in front on emerging environmental issues once again.  Using authorities provided under AB 289, the Department of Toxic Substances Control (DTSC) recently issued a call to manufacturers for information relating to carbon nanotubes manufactured in or imported into California.  Carbon nanotubes have received significant attention of late given their growing level of …

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Delay on marine engines upheld

In the latest round in a long-running battle, the D.C. Circuit has upheld EPA’s foot-dragging on regulation of emissions from large marine diesel engines against a challenge brought by the South Coast Air Quality Management District, Santa Barbara Air Pollution Control District, and Friends of the Earth.  Large ships are major sources of air pollution …

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