EPA
EPA asserts itself on mountaintop removal mining
EPA is finally flexing its muscle on mountaintop removal mining, taking on the Corps of Engineers and stepping in for states that have been reluctant to attack the practice. Mountaintop removal mining involves blasting the tops off of mountains, typically in Appalachia, to get at coal. The ecological problems are less about removal of the …
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CONTINUE READINGEndangerment finding reportedly in the works
The New York Times and Washington Post are reporting that EPA has sent a finding that greenhouse gas emissions endanger public health and welfare to the Office of Management and Budget for review. If OMB approves, EPA administrator Lisa Jackson can sign and officially issue the finding. That would be the first step toward regulating …
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CONTINUE READINGTwo New EPA Nominees
The President announced two new EPA choices: Cynthia Giles as chief of enforcement, and Michele DePass as EPA’s assistant administrator for international affairs. Cynthia Giles is a Berkeley Law grad. She is currently the vice president and director of the Conservation Law Foundation’s Rhode Island Advocacy Center, focusing on state and regional programs …
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CONTINUE READINGNo 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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CONTINUE READINGA 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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CONTINUE READINGThe 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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CONTINUE READINGThe 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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CONTINUE READINGJon 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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CONTINUE READINGCourt 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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