Regulation

Oh What A Difference A President Makes

We’re not even 85 days into the Obama Administration and yet the signs of environmental change are all around us.  The EPA announced today its  formal determination under the Clean Air Act that greenhouse gases are pollutants that endanger public health and welfare.  This is only the latest in a string of announcements that show just how quickly Obama is …

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Low-hanging carbon

I’m looking forward to hearing Scripps climate scientist Veerabhadran Ramanathan speak at an event next week in Los Angeles, and I hope he’ll talk about black carbon, which many are calling the low-hanging fruit of the climate change problem.  Black carbon is the fine black soot that’s generated by carbon combustion, these days mostly from traditional cookstoves and …

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The (Environmental) Wealth of Nations

Costa Rica is taking seriously the idea that national wealth does not solely consist of physical or financial assets but also of environmental goods and natural resources.  As Thomas Friedman explained in yesterday’s column: “More than any nation I’ve ever visited, Costa Rica is insisting that economic growth and environmentalism work together. It has created …

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NEPA and terrorism

To what extent does the Nuclear Regulatory Commission have to consider the threat of terrorist attack in the environmental analysis it undertakes for nuclear power plant licensing decisions?  A March 31 decision from the Third Circuit, New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission, creates a circuit split on that question. In the …

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Customer Impacts From Waxman’s Cap & Trade? Let’s Not Exaggerate

In Wednesday’s New York Times, Felicia Barringer reports on pocketbook concerns related to the Waxman-Markey carbon cap and trade proposal as expressed by parishioners at St. Louis’ Greater Mount Carmel Baptist Church.  The article contains the following statement, attributed to a representative from the local electric utility: “Jaime Haro, Ameren UE’s director of asset management …

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Cleaning Up the Bush EPA’s Dry Cleaning Rule

The Washington Post reported that EPA “is reconsidering whether to compel dry cleaners to phase out a cancer-causing chemical used in tens of thousands of operations nationwide.”  In 2006, the Bush Administration issued an air toxics rule for professional dry cleaners using perchloroethylene in which it tightened technology requirements, but refused to phase out use …

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The Omnibus Public Lands Management Act of 2009–A Macro and Micro View

I’d like to follow up on Sean Hecht’s recent posting concerning Congressional passage and President Obama’s signing into law of the Omnibus Public Lands Management Act of 2009. This massive bill designates two million acres of wilderness in nine states as permanently off-limits to development, and increases the number of river miles protected under the …

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Waxman bill on state cap-and-trade efforts

I’ve been reading the Waxman-Markey energy and climate discussion draft released earlier in the week (and blogged about by Rick here).  One thing I’m puzzling over is the draft’s treatment of state cap and trade regulations.  As many have noted, the question of which state climate efforts are saved and which are preempted is an …

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Getting Serious About Toxicity Testing

Most of the products we use everyday contain chemicals that have never undergone meaningful health and safety testing.  That statement is hardly controversial; most folks on all sides of the continuing debate over chemical policy reform accept it as accurate.  Yet there is controversy over whether such testing should be required as a routine matter …

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Another one bites the dust (RIP Cannon nomination)

Ann touted the nomination of Jon Cannon to be EPA Deputy Administrator here as “a great appointment,” but last week he became the most recent Obama nominee to fall.  Here’s the WSJ coverage.  His withdrawal is being met with real sadness in many quarters.  At a conference of public and private bar environmental lawyers in Los Angeles on Friday, Cecilia Estolano, CEO of the LA Community …

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