EPA Waters Down Final Rule for Coal Ash

EPA will improve new disposal sites for coal ash, but will have limited effect on old ones.

Exactly six years ago today, a dike ruptured near Kingston, Tennessee, dumping into the Clinch River some 1.1 billion gallons of coal ash slurry — or to use the more technical term, coal combustion residue. Last Friday, EPA issued a new regulation to deal with the issue.  The rule is intended to protect groundwater from leaching from the ponds, …


Supreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases

The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history)  In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …


Supreme Court Grants Review in Criminal Environmental Enforcement Case

The U.S. Supreme Court is obviously interested in environmental enforcement, or at least the legal issues arising out of environmental enforcement cases. Today, the Supreme Court granted certiorari in a second environmental enforcement case it will hear and decide in its current Term. Southern Union Co v. United States, No. 11-94. This follows the justices’ …


EPA dithers on coal ash

UPDATE: Over at CPRBlog, Rena Steinzor and James Goodwin have a nice analysis of the red-lined version of the proposal EPA has posted at regulations.gov, showing the difference between what it wanted to do and what OIRA was able to bully it into doing. Transparency really is a wonderful thing. Looks like EPA was ready …