EPA
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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CONTINUE READINGAnother 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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CONTINUE READINGCO2 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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CONTINUE READINGCalling 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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CONTINUE READINGDelay 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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CONTINUE READINGOcean Acidification and the Clean Water Act
Dan’s post today on ocean acidification discusses findings by an international scientific panel that ocean acidification is a very serious problem. This week, according to the nonprofit Center for Biological Diversity (CBD), the U.S. EPA just agreed to review whether and how the federal Clean Water Act can or should be used to address ocean acidifcation. …
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CONTINUE READINGNew federal appointees’ sharp differences will make EPA/OMB relationship one to watch
As Dan notes in an earlier post, Cass Sunstein has been selected to direct the White House office that oversees regulation by agencies, the Office of Information and Regulatory Affairs within the Office of Management and budget. An in-depth article in today’s Los Angeles Times discusses the controversy over his nomination among environmental and labor advocates. From the Times: …
CONTINUE READINGLisa Heinzerling to EPA
EPA Administrator Lisa Jackson has appointed Georgetown law professor Lisa Heinzerling to be her chief advisor on climate change. Heinzerling was editor-in-chief of the University of Chicago Law Review and clerked for Judge Richard Posner. She co- authored Priceless, a critique of cost benefit analysis, and also wrote the lead brief for the plaintiffs in …
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