Pollution & Health
Endangerment 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 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 READINGNational Land Use/Smart Growth Policy Coming Soon?
If local governments have maintained control over one policy area, it is land use. Despite tinkering around the edges, states have mostly stayed out, and for good political reasons: land use is the most visible policy that affects people at the local level. But if the Obama Administration moves forward to regulate greenhouse gases, that …
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CONTINUE READINGChocolate Coated Coal?
The Associated Press reports that Lindt USA (that’s right, the chocolate company) and Public Service of New Hampshire (PSNH) served up a new form of fuel on Tuesday when they mixed 18 tons of crushed cocoa bean shells with 600 tons of coal to power an electric power plant. The shells are a byproduct of chocolate production, …
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CONTINUE READINGWhy is GM using taxpayer funds to fight clean car progress?
Just back from a weekend conference where climate litigator Matthew Pawa gave a keynote address. He’s one of the lawyers who successfully defended California’s right to demand that automakers make cars that limit their greenhouse gas emissions, calling and cross-examining witnesses in a dramatic 2007 trial that put climate change science on the stand. In …
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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 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 READINGSupreme Court Denies Cert. in Mercury Case
The Supreme Court has declined to review a lower court opinion striking down the Bush Administration’s regulation of mercury. This isn’t a huge surprise since the Obama Admimistration indicated that the lower court opinion was consistent with its own regulatory policy, leaving only the industry to seek revieew. The lower court opinion is one of …
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CONTINUE READINGMary Nichols gets mad
Amid the general relief that California’s legislature has finally passed a budget, our state’s (and nation’s?) chief air & climate conscience makes some serious objections: California’s proposed budget contains a major provision that would weaken air pollution regulations while saving the construction industry millions of dollars. The measure, largely overlooked in a public debate focused on …
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