Pollution & Health
Conn. v. AEP: Never Underestimate Congressional Power to Do Damage
Dan’s and Rick’s posts very helpfully summarize the impacts of the Court’s decision today. (They were also probably written at the same time: great minds think alike). But I’m a little more pessimistic than Dan is concerning Congressional action. He suggests that the decision makes it more complex for Congress to repeal EPA jurisdiction since …
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CONTINUE READINGSupreme Court Rejects States’ Climate Change Nuisance Lawsuit
The Supreme Court today issued its long-awaited decision in an important climate change case, American Electric Power v. Connecticut. http://www.supremecourt.gov/opinions/10pdf/10-174.pdf As expected, the Court rejected a public nuisance lawsuit that a coalition of states and private land trusts had brought against the owners of Midwestern coal-fired power plants, challenging their massive greenhouse gas emissions on …
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CONTINUE READINGSome Intriguing Statistics
I was recently paging through the new 2011-2012 Statistical Abstract of the United States (strange folk, we professors), and came up with some intriguing tidbits that I wanted to pass on: In the past fifty years, total water withdrawals have increased by 150% Carbon monoxide, ozone, sulfur dioxide, particulates and nitrogen dioxide all declined from …
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CONTINUE READINGAir Resources Board Releases New Environmental Assessment of Cap and Trade to Comply with Judge’s Order
The California Air Resources Board (CARB) is covering all its bases in responding to a judge’s order that CARB violated the California Enviornmental Quality Act (CEQA) in adopting its scoping plan to implement AB 32 (the state’s climate change legislation). As I reported last week, CARB has won an order from the appeals court allowing the state …
CONTINUE READINGGrandfathering bad air: EPA exempts power plant from new climate and air quality rules
EPA has issued a controversial decision exempting a new, natural-gas power plant proposed for California’s San Joaquin Valley, a region with some of the worst air quality in the country, from the most up-to-date Clean Air Act rules aimed at reducing climate emissions and the pollutants NO2 and SO2. Here’s the E&E story, and here’s the EPA decision, likely to …
CONTINUE READINGDueling Orders and Lots of Confusion in AB 32 Case
Yesteday, I described a California Court of Appeals order lifting the injunction preventing the California Air Resources Board (CARB) from implementing its cap and trade program. The order was apparently issued last Friday afternoon. Even in this age of instantaneous communication, however, apparently neither the Superior Court judge in the case, Earnest H. Goldsmith, nor the lead …
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CONTINUE READINGBreaking News: AB 32 Cap and Trade Program Allowed to Proceed Pending Appeal
The 1st Appellate District of the California Court of Appeal has temporarily stayed (in other words lifted) the trial court’s injunction preventing the California Air Resources Board from implementing its cap and trade program for greenhouse gas emitters. As Cara blogged previously, the trial court in Association of Irritated Residents v. ARB issued a writ of …
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CONTINUE READINGA new look for fuel economy stickers
If you go shopping for a new car in model year 2013, you’ll see a new sort of fuel economy window sticker, like the one to the left. This is a fascinating example of the challenges of making labels both easy to absorb and informative. (It’s definitely going in my environmental law casebook update.) It’s …
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CONTINUE READINGTMDL Fight Brewing in Chesapeake Bay
On December 29, 2010, EPA finalized a plan to reduce nutrient pollution in Chesapeake Bay by implementing a Total Maximum Daily Load (TMDL) budget using its Clean Water Act authority. That plan will require a 25% reduction in nitrogen, a 24% reduction in phosphorus and a 20% reduction in sediment throughout the watershed. This includes …
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CONTINUE READINGScholastic drops industry-funded pro-coal 4th-grade curriculum, but still maintains other programs that threaten public health
Last week, I posted an item about Scholastic, Inc.’s partnership with the coal industry to produce “The United States of Energy,” an energy curriculum that promoted coal without disclosing its considerable public-health and environmental drawbacks. The controversy over this partnership, publicized widely by the Campaign for a Commercial-Free Childhood, went as far as a chiding …
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