Earlier this week, the Climate Leadership Council released an analysis demonstrating that the “Baker Shultz Carbon Dividends Plan” would result in greater reductions in greenhouse gas emissions than the US committed to...more
On Friday, August 24, 2018, Judge John Woodcock held that an ordinance enacted by the City of South Portland, Maine, that prohibited loading crude oil from a pipeline terminating in South Portland onto tankers in South...more
EPA has finally released its proposed replacement for the Clean Power Plan, dubbed the Affordable Clean Energy Rule. More affordable than clean, I’d say.
What’s really telling is that EPA’s own analysis shows that the CPP...more
On Friday, August 17, 2018, the D.C. Circuit Court of Appeals vacated EPA’s “Delay Rule”, which postponed compliance with EPA regulations governing preparation of Risk Management Plans under the Clean Air Act. The decision...more
On Thursday, August 16, 2018, the Trump Administration’s “Suspension Rule,” which delayed implementation of the Obama Waters of the United States Rule for two years was struck down. Judge David Norton of the District of...more
Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It’s another fairly devastating indictment of the Trump administration....more
So the Trump administration has formally proposed to roll back CAFE standards for model years beginning in 2021. And California has announced its intention to start separately enforcing its own standards if the federal...more
According to Greenwire (subscription required), EPA has acknowledged that it possesses no records providing a factual basis for claims made by Scott Pruitt that GHG emissions are not a primary contributor to global...more
On Monday, July 23, 2018, the 2nd Circuit Court of Appeals rejected all challenges to EPA’s cooling water intake structure rule. Notwithstanding the Court’s rejection of the industry challenges, it’s a big win for industry....more
Earlier this month, the D.C. Circuit Court of Appeals issued a decision that is a must-read for anyone who will be needing at some point to relicense an existing hydroelectric facility. The short version is the status quo may...more
On Thursday, July 19, 2018, Judge John Keenan dismissed New York City’s climate damages law suit against five oil majors. The basis for the decision was the same as in last month’s decision dismissing similar claims in...more
Earlier this month, the D.C. Circuit Court of Appeals ruled on challenges to EPA’s National Emission Standards for Hazardous Air Pollutants from the brick and clay industries. The Court granted the environmentalists’...more
Last week, EPA and the Army Corps issued a Supplemental Notice of Proposed Rulemaking in support of their efforts to get rid of the Obama WOTUS rule. It’s a shrewd but cynical document. It’s shrewd, because it fairly...more
The decision last week in City of Taunton v. EPA did not break any new ground, but it is certainly a reminder of just how much of an uphill battle it is to challenge an NPDES permit.
The City of Taunton challenged EPA’s...more
The debate over the definition of “Waters of the United States” goes on and on. I tend to think that Kennedy’s “significant nexus” test was a reasonable approach to making sense of a vague statute. I also think that the Obama...more
Late last month, when I reported on the dismissal of the California climate change public nuisance litigation, I stated boldly that we should not expect advocates to stop trying. I did not really think I was going out on a...more
As a follow-up to my June 27 post about the dismissal of public nuisance claims brought by the City of Oakland and the State of California against five oil majors concerning their contribution to climate change, I note that...more
On Monday, June 25, 2018, Judge William Alsup dismissed the public nuisance case brought by the City of Oakland and the State of California against five major oil companies. The suit sought payment of damages into a fund to...more
Earlier last week, the 4th Circuit Court of Appeals reversed a District Court opinion and held that West Virginia had not “constructively submitted” no TMDLs for waters affected by ionic toxicity. (And, yes, that sentence is...more
In January, FERC rejected Secretary Perry’s proposal to compensate generators who maintain a 90-day supply of fuel on-site – a proposal widely seen as an attempt to prop up struggling coal and nuclear generators. Not willing...more
June 1, 2018, EPA was ordered to produce documents, in response to a FOIA request, on which Administrator Pruitt relied in stating on CNBC that: “I would not agree that [carbon dioxide] is a primary contributor to the global...more
I’ve posted a lot over the years about the role of EPA’s Science Advisory Board in judicial review of agency decisions. The short version is that, on scientific questions, EPA’s going to be on thin ice if its regulatory...more
Last week, FERC rejected arguments that the Environmental Assessment for the New Market Project should have considered upstream and downstream climate impacts. It also announced as policy that it would not in the future...more
Last Friday, May 18, 2018, the D.C. Circuit Court of Appeals vacated EPA’s rule adding the West Vermont Drinking Water Contamination Site to the National Priorities List, finding EPA’s decision to be arbitrary and capricious...more
Last month, a decision in a case involving the Lake Erie toxic algae blooms demonstrated some “issues” concerning the nature of cooperative federalism. Such blooms have been a problem for some time and pretty much everyone...more