Here’s my take on the Affordable Clean Energy Plan.
Who cares?
On the merits, it does almost nothing. It requires only that states impose heat rate improvement requirements on coal-fired power plants. It’s not going to...more
6/21/2019
/ Air Pollution ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Coal Industry ,
Coal-Fired Plants ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
New Rules ,
Power Plants
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...more
On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA’s 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons.
Because EPA did...more
On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more
Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with.
In 1994, EPA issued an administrative order, requiring...more
4/15/2019
/ Administrative Orders ,
Appeals ,
Buyers ,
CERCLA ,
Contamination ,
Cost Recovery ,
Demolition ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
PCBs ,
Punitive Damages ,
Real Estate Transactions ,
Sellers ,
Treble Damages
In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more
4/4/2019
/ Administrative Orders ,
Appeals ,
Arbitrary and Capricious ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Motion for Summary Judgment ,
Navigable Waters ,
Property Owners ,
Remand ,
Significant Nexus Test ,
Waters of the United States ,
Wetlands
Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls.
Contamination was detected at the Johnson Controls...more
Late last month, Federal Judge Rodney Sippel ruled that EPA could obtain injunctive relief against Ameren Missouri in the long-running NSR enforcement case concerning Ameren’s Rush Island Plant. The Court had already ruled...more
Earlier this month, EPA released its recommendations for its National Compliance Initiatives for 2020-2023. I face a dilemma in posting about the NCI, because I actually agree with the two biggest changes EPA is proposing....more
Concern about the impacts of Poly- and Perflouroalkyl Substances is extensive and growing. Without seeking to downplay the potential risks from PFAS exposure, I do think that the way we are addressing PFAS demonstrates...more
I’ve only now had the opportunity to catch up with EPA’s proposed reconsideration of its approach to cost-benefit analysis for the Mercury and Air Toxics Standards. I don’t know whether I’ve gone done a rabbit hole or it’s...more
A lot of proverbial ink has been spilled regarding the Trump administration’s proposal to amend the definition of “waters of the United States” under the Clean Water Act. The administration has focused on what it views as a...more
In August, a judge in South Carolina issued a nationwide injunction against the “Suspension Rule,” which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further....more
Being a poor country environmental lawyer, I don’t often delve into the academic world. I therefore just recently caught up to the article written last year by my friend Dan Esty. Red Lights to Green Lights: From 20th Century...more
As readers of this space know, I have been mystified by the opposition in Massachusetts to obtaining delegation of the NPDES Program. In my temperate way, I have called it an embarrassment.
I have just learned that Idaho...more
Last week, EPA posted its draft Integrated Science Assessment for Particulate Matter. It’s the foundational document for EPA’s periodic review of its National Ambient Air Quality Standard for PM. The current standard for...more
Earlier this month, the 5th Circuit Court of Appeals granted something of a reprieve to EPA’s New Source Review enforcement initiative. The Court first confirmed what everyone other than EPA and DOJ already knew – that...more
It’s been some time since I ranted about Superfund, but that’s not because the statute’s gotten any more reasonable. To the contrary, there’s so much to rant about that it usually just seems too futile to bother. Take Scott...more
The Sixth Circuit ruled earlier this week that discharges to groundwater are not subject Clean Water Act jurisdiction. We now have the requisite circuit split, opening the possibility of Supreme Court review. For those who...more
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
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