Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations. The final rule largely implements the proposed rule, though with some minor changes. Since the final rule...more
Last week, the Clean Air Scientific Advisory Committee formally transmitted its recommendations to EPA Administrator Regan regarding the PM2.5 NAAQS. Consistent with trade press reporting over the past few months, the...more
Earlier this week, the United National Environmental Programme (doesn’t everything just look better with British spelling!) announced that 175 nations had approved a resolution titled “End plastic pollution: Towards an...more
Jerry Anderson of Drake University Law School recently did an interesting post regarding environmental enforcement. I recommend the full post, but I particularly wanted to bring my readers’ attention to a figure Jerry...more
I’ve written a lot about how the developing science around particulate exposure supports making the PM2.5 NAAQS more stringent. So it won’t come as a surprise that a new study published in the Proceedings of the National...more
Earlier this week, Greenwire (subscription required) had an interesting story about the role that EPA’s estimate of the cost to comply with the Mercury and Air Toxics Standards rule played in the politics and judicial review...more
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include:
• explicit consideration of indirect impacts
• renewed...more
10/12/2021
/ CEQ ,
Clean Energy ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
NEPA ,
Trump Administration ,
Wind Power
Late last week, EPA released an external review draft of the “Supplement to the 2019 Integrated Science Assessment for Particulate Matter.” For those of you who don’t recall, the original Integrated Science Assessment was the...more
As climate change rightly has dominated recent discussions of environmental policy, it’s been easy to forget how much progress has been made in the past fifty years. I was reminded of the extent of that progress by the story...more
The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more
Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that:
EPA reasonably determined...more
8/27/2021
/ Appeals ,
Enforcement ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Jurisdiction ,
Mootness ,
US Army Corps of Engineers ,
Water ,
Waters of the United States ,
Wetlands
On Wednesday, EPA and the Army Corps of Engineers announced that they plan to revise the definition of “Waters of the United States”. Simultaneously, DOJ moved to remand the Navigable Waters Protection Rule, in a challenge...more
One of the results of the November election that makes me happiest is that I can now go back to being part of the loyal opposition. In other words, I know that the Administration and I share a common mission and common...more
Late last month, the Washington Legislature passed the “Climate Commitment Act”, a piece of sweeping climate legislation that includes, among other provisions, an economy-wide cap-and-trade system. Washington was not far...more
I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program....more
4/27/2021
/ California ,
Clean Air Act ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
National Highway Safety Administration ,
NHTSA ,
Proposed Rules ,
Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule) ,
State and Local Government ,
Waivers
Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more
4/27/2021
/ Biden Administration ,
California ,
Clean Air Act ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Highway Safety Administration ,
Proposed Rules ,
Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule) ,
Trump Administration ,
Waivers
The President today formally announced that the United States was pledging to reduce its emissions by 50% from 2005 levels by 2030. The announcement isn’t a surprise, but that doesn’t lessen its importance. So large a...more
In January, when Governor Baker vetoed the Legislature’s effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.” I am pleased to say that Zach’s diagnosis was correct. The...more
3/23/2021
/ Climate Change ,
Energy Sector ,
Environmental Policies ,
Governor Baker ,
Greenhouse Gas Emissions ,
Net Zero ,
New Legislation ,
New Regulations ,
Renewable Energy ,
Renewable Energy Incentives ,
State and Local Government
Last month, I posted about the Biden administration’s effort to develop a new estimate of the social cost of carbon. The EO requires a new interim SCC within 30 days and a new longer-term SCC by January 2022...more
Yesterday, President Biden signed an Executive Order on Tackling the Climate Crisis at Home and Abroad. It’s even more comprehensive than last week’s order. Indeed, my main reaction to the order isn’t to any of the specific...more
Among the important provisions of President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis is the requirement to review and revise estimates of the...more
Yesterday was the last full day of President Trump’s term. On environmental issues, it closed on a fitting note – another major judicial defeat. The District of Columbia Court of Appeals vacated EPA’s Affordable Clean...more
Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more
12/4/2020
/ Alaska ,
Chevron Deference ,
Citizen Suits ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Land-Use Permits ,
Mining ,
Non-Delegation Doctrine ,
Permits ,
SCOTUS
Last week, Judge James Jones declined to issue a preliminary injunction that would have prevented implementation of the Trump Administration’s NEPA revisions. Judge Jones’s explanation was fairly sparse. He merely noted that...more
On Tuesday, Judge John Koeltl ordered EPA to issue a final rule addressing its obligations under the Good Neighbor provisions of the Clean Air Act by no later than March 15, 2021.Two aspects of the decision are worth note...more