Forgot password?
Sign up today and your first download is free.

Daily News

August 12, 2020

As EPA’s Science Advisory Board (SAB) launches a review of the agency’s proposal to overhaul its cost-benefit procedures for developing Clean Air Act policies, EPA officials are seeking to downplay concerns that the plan would undermine the value of “co-benefits” of reduced air pollution not directly targeted by a rule.

1244 words

EPA is pitching its plan to review contaminated sites that have remained on Superfund’s proposed National Priorities List (NPL) but have never been finalized as NPL sites as part of the Trump EPA’s Superfund reforms, even as sources familiar with the issue say such reviews have occurred periodically and do not warrant labeling as a reform exercise.

984 words

A former California state lawmaker and current member of the powerful state air board is seen by some as a leading candidate to replace long-time chairwoman Mary Nichols as chief of the agency, which for years has pioneered cutting-edge mobile source criteria pollutant and greenhouse gas regulations that have been adopted by other states.

581 words

A bipartisan group of six former EPA administrators is endorsing a series of recommendations from former agency staff and political officials to “reset” the agency so that it can tackle looming major environmental issues such as climate change with a forward-looking plan that includes removing politics from its scientific and economic analyses.

1363 words

The U.S. Court of Appeals for the 9th Circuit is rejecting a push by the federal government and the oil sector to rehear a panel ruling allowing cities’ climate nuisance cases to proceed in state court, echoing the court’s decision from a week ago that also rejected calls to reconsider its ruling in a separate nuisance suit.

801 words

Arizona environmentalists are stepping up their legal attacks on the state’s implementation of Clean Air Act mandates to achieve federal air standards, filing a new suit aimed at forcing EPA to require tougher emission controls on sources of ozone air pollution and at forcing Arizona to craft “contingency” standards if ozone limits are not met.

823 words

August 11, 2020

Two federal circuit courts have ruled recently in favor of allowing a degree of flexibility in determining the triggers for two different statutes of limitations when filing Superfund cost recovery actions or contribution actions, rejecting lower court decisions that held the actions were time-barred.

1697 words

Environmental groups are urging the White House Office of Management and Budget (OMB) to strengthen EPA’s rules on discharges from steam-powered electrical utilities, arguing in part that a recent district court ruling highlights shortcomings in the agency’s social cost of carbon (SCC) used to help develop the power plant water rule.

1298 words

The trucking and construction industries are citing the Trump EPA’s justification for revoking California’s Clean Air Act (CAA) preemption waiver for passenger vehicle greenhouse gas standards in their renewed lawsuit seeking to scrap an Obama-era waiver for the state to set stricter “non-road” diesel engine rules.

1070 words

The Truck & Engine Manufacturers Association (EMA) is urging EPA to ensure that future cost-benefit analyses of rulemakings include the nationwide and cumulative costs of California’s mobile source regulations that are tougher than federal rules under Clean Air Act (CAA) preemption waivers.

747 words

August 10, 2020

The first state compliance plan under EPA’s Affordable Clean Energy (ACE) climate rule for existing power plants is expected “soon,” according to the agency’s de facto air chief, who described it as a chance for her office to demonstrate how it will work with states to implement the rule.

821 words

Joe Biden, the presumptive Democratic presidential nominee, and Democratic House committee leaders are reiterating opposition to the Trump administration’s push to approve permits for the Pebble Mine near Bristol Bay in Alaska, possibly elevating the fight over the mine to being a major environmental issue in the 2020 presidential race.

1033 words

EPA is defending its right to enforce federal air toxics regulations against a Utah gas services company in an Environmental Appeals Board (EAB) dispute testing the limits of an earlier consent decree that the company claims shields certain equipment from agency air rules, a case that may set a precedent for similar decrees.

789 words

A federal judge in Oregon has denied efforts from ranchers to issue a narrowly tailored stay of the Trump administration’s rule defining waters of the United States (WOTUS) after finding the ranchers lack standing, while Colorado is urging a federal appeals court to uphold a complete stay of the rule in that state.

833 words

Opponents of natural gas infrastructure projects are pursuing new legal arguments seeking to overturn their approvals by the Federal Energy Regulatory Commission (FERC), including by challenging regulators’ decision that developers have shown the projects are “needed” in the market.

1529 words

August 07, 2020

Drinking water utilities are pressing White House and EPA officials to ensure pending Clean Water Act (CWA) effluent limits for power plants contain stringent controls on discharges of bromide, a chemical which can increase the creation of carcinogenic compounds in treated drinking water.

1149 words

The Sierra Club is seeking to avoid a fight with the Justice Department (DOJ) over the scope of relief that can be negotiated in citizen enforcement suits, urging a federal court to either enter its agreement in a Clean Air Act suit over DOJ’s objections or to dismiss the group’s motion to enter the pact and allow it to proceed as a private settlement.

1204 words

As legal experts are debating the implications of a major court ruling upending the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders” to delay administration rehearing of gas infrastructure approvals, the commission secured more time to decide whether to appeal the decision to the Supreme Court.

1232 words

The Defense Department (DOD) is defending its decision to use a categorical exclusion from environmental review requirements for a contract to dispose of per- and polyfluoroalkyl substances (PFAS) through incineration, disputing environmentalists’ lawsuit citing extra-record material and trying to apply defense law limits on such burning.

1497 words

Major industry trade associations are sparring with state attorneys general (AGs) and others who favor strict EPA rules over the agency’s planned overhaul of cost-benefit reviews for Clean Air Act policies, in particular a fight over the weight EPA should give to “co-benefits” of reduced pollution not directly targeted by a rule.

1551 words