Regulation

Another Law Professor to Washington

We’ve just received word that Rob Verchick has been appointed the Deputy Associate Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Policy, Economics, and Innovation (OPEI). OEPI is the main policy arm of the EPA, responsible for supervising the rulemaking process and pushing innovative strategies, among other things. He will report to Associate …

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New EPA Greenhouse Gas Rulemaking Not Quite What it Seems

EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations …

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Mountaintop removal review moves to next stage

EPA finished September with a flourish. In addition to proposing New Source Review rules for greenhouse gas emissions and pushing for TSCA reform, the agency took the next step toward a crack-down on mountaintop removal. On September 11, EPA announced preliminary plans to review all 79 pending permit applications. Today, after considering public comment, it …

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Jackson Announces Proposed New Stationary Source Rules for Greenhouse Gases

EPA Administrator Lisa Jackson, speaking at the California Governor’s Global Climate Summit, has announced a proposed new Clean Air Act rule requiring new and modified stationary sources to install the best available control technology to control greenhouse gas emissions (GHGs).  The text of the proposed new rule can be found here. According to a press release about …

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Jackson Comes Out Swinging on TSCA, But Pulls Some Critical Punches

EPA Administrator Lisa Jackson delivered a one-two combination in chemical policy on Tuesday, announcing principles for legislative reform of TSCA while directing the agency to publicize administrative “enhancements” to the existing program.  At a speech in San Francisco, the Administrator presented the Obama Administration’s “Essential Principles for Reform of Chemicals Management Legislation,” a set of …

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Small Steps on Nanosilver

Regulation often develops through accretion rather than bold paradigm shifts, at least in its nascent stages.  Nanotechnology appears to be no exception.  In mid-September, the agency announced an upcoming meeting of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) focused on the use of nanoscale silver and other nanomaterials in pesticides.  …

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It’s the Enforcement, Stupid!

We rightly celebrate large legislative environmental victories like the passage of the Clean Air Act, the Endangered Species Act and the National Environmental Policy Act.  Europeans, too, are proud of accomplishments such as the establishment of the European Union Emission Trading System to address greenhouse gas emissions through cap and trade and the passage of sweeping legislation, …

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Delivering on Reform?

It seems that TSCA reform is heating up for this and next year, but the form it will ultimately take is still quite hazy.  Senator Lautenberg and Representatives Waxman and Solis introduced the Kid Safe Chemical Act (KSCA) twice before, and the Senator is about to take a third swing at it very soon.  In …

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Climate Change Lesson #2: Watch Out for Those “Unknown Unknowns”

This is the second in a short series of homilies on the lessons we can learn from climate change. Donald Rumsfeld famously distinguished between knowns, known unknowns, and unknown unknowns.   He didn’t take the occasion to provide sharp analytical distinctions, but the difference between known unknowns and unknown unknowns is very much like a difference …

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David Nawi Appointed to High-Ranking USDOI Post

U.S. Secretary of the Interior Ken Salazar has named a respected California environmental lawyer to serve in a key, newly-created Department of Interior post. Salazar appointed David Nawi as his Senior Advisor to the Secretary for California and Nevada. In his announcement selecting Nawi, Secretary Salazar stated, “The current water crisis and land management challenges …

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