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

Daily News

January 23, 2020

California Attorney General Xavier Becerra (D) is rebutting a bid by the state’s chamber of commerce to end a mandate that businesses post Proposition 65 cancer warnings for the ubiquitous food chemical acrylamide, arguing the group relies on “flawed” studies, fails to prove the warnings violate companies’ First Amendment rights, and fails to provide evidence of irreparable harm.

938 words

A California superior court judge is allowing key industry claims to advance in the first challenge to the state’s listing of a chemical under its landmark Safer Consumer Products (SCP) green chemistry program, rejecting arguments in a state demurrer and indicating she may ultimately rule in favor of the petitioners on the merits of the case.

956 words

California power providers, ratepayer groups and environmentalists are debating whether a proposed greenhouse gas limit for electricity generation in 2030 is stringent enough to put the state on track to meet its 2030 economy-wide GHG goal and its 2045 zero-carbon power sector objective.

1205 words

Attorneys representing 21 youth plaintiffs are planning to ask the full U.S. Court of Appeals for the 9th Circuit to reverse a split three-judge panel ruling dismissing their suit seeking to force the federal government to craft a climate mitigation plan, signaling they plan to target the panel’s finding that courts cannot redress their injuries.

1842 words

January 22, 2020

Utilities, environmentalists and Democratic state attorneys general (AGs) are outlining lengthy, opposing criticisms of EPA’s proposed changes to the Obama-era power plant effluent rule, though they all question the agency’s claim that its plan will achieve greater pollution reductions at a lower cost than the 2015 rule.

1307 words

Environmental groups and aligned states are urging a full federal appeals court to overturn a three-judge panel’s split ruling that upheld the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders” that allow it to defer final administrative action on pipelines or other energy infrastructure, while allowing the projects at issue to proceed.

1394 words

Solar power companies and recycling groups are faulting California’s draft final universal waste (UW) rules for disposing spent photovoltaic (PV) solar panels, after state officials did not make any changes recommended by the groups to a previous draft.

889 words

A federal appeals court has denied rehearing of environmentalists’ suit over EPA’s decision to scrap a longstanding “once in, always in” policy that permanently subjected “major” sources of air toxics to strict emissions controls, but one dissenting judge warns the denial will “eviscerate” the court’s power to review some agency actions.

1080 words

If California wants to meet its ambitious 2030 greenhouse gas target, a clean energy think tank is recommending the state strengthen its renewable portfolio standard (RPS), raise the floor price for carbon credits under cap-and-trade and approve a new emissions standard for cement production, among other policies.

678 words

The developer of a proposed natural gas-fired power plant in southern California has abruptly canceled the project, likely ending environmentalists’ novel lawsuit against EPA for not requiring the plant to use battery storage to satisfy best available control technology (BACT) requirements in a prevention of significant deterioration (PSD) permit.

776 words

A majority of EPA’s divided Clean Air Scientific Advisory Committee (CASAC) is backing agency staff’s finding that the existing ozone national ambient air quality standards (NAAQS) are adequate to protect public health, but CASAC is calling for a change to the NAAQS review process to reinstate special advisory panels for the assessments.

1242 words

January 21, 2020

EPA has quietly added 160 per- and polyfluoroalkyl substances (PFAS) to its list of chemicals requiring reporting under the Toxics Release Inventory (TRI), following through on new defense law provisions that mandate the additions.

983 words

The Justice Department (DOJ) is offering a new rationale to expedite review of appellate cases over the Trump administration’s preemption of state auto greenhouse gas rules, citing the possibility of “months” of delay while a district court weighs a similar case with a key procedural hearing slated for mid-April.

1369 words

The Justice Department (DOJ) is urging the U.S. Court of Appeals for the 9th Circuit to uphold the criminal conviction of a defendant in a novel case that tests in part whether legal uncertainty about the reach of the Clean Water Act (CWA) is adequate grounds to reverse the jury finding.

1381 words

Draft settlement agreements between EPA and municipal, industry and environmental groups in New Hampshire and Massachusetts would commit the agency to at least propose loosening two Obama-era Clean Water Act (CWA) stormwater permits once seen as landmarks for their stringency, though it would leave some of those terms in force.

770 words

A top management consulting firm and a credit ratings agency are separately warning that the far-reaching threats to various sectors from unchecked climate change continue to grow, providing detailed risk projections ranging from Florida’s real estate market to utility infrastructure across the country.

874 words

January 17, 2020

Environmental groups are urging EPA’s Science Advisory Board (SAB) to strengthen its critique of the agency’s plan to undo the cost review underpinning the legal basis for the Obama-era utility air toxics rule, praising SAB’s criticism of flaws in the rule but seeking the board’s push-back on its approach to cost-benefit reviews.

1532 words

Environmentalists are seeking to intervene in state court litigation that threatens to stall New Hampshire’s landmark drinking water and groundwater standards for four per- and polyfluoroalkyl substances (PFAS), with the advocates attempting to bolster the state’s case to permit the rules to remain in effect during interlocutory appeal.

1122 words

Environmentalists are urging an appellate court to rule quickly in their already expedited case seeking release of an EPA computer model they hope will show that current vehicle greenhouse gas rules are lower than the administration claims, citing the formal start of the White House’s review of rules rolling back the current standards.

1603 words

The Sierra Club is urging the Supreme Court to deny a petition from the Fish and Wildlife Service and National Marine Fisheries Service to overturn an appellate ruling ordering the services to release draft documents on the development of EPA’s 2014 cooling water intake rule, rejecting the agencies’ claim that it conflicts with other rulings.

1513 words