Litigation

EPA is poised to release new policies to promote renewable energy and conservation projects as part of enforcement agreements and state air quality strategies, according agency, state and industry sources.

The effort comes amid increasing concern among policymakers over how to balance growing energy needs and environmental requirements. The concern is particularly acute among local officials who are facing deadlines for developing new state implementation plans (SIPs) for meeting increasingly stringent federal air quality standards.

EPA has decided not to appeal a recent federal court ruling that struck down portions of an EPA Toxics Release Inventory (TRI) rule that required the mining industry to report releases of naturally occurring mining wastes.

The agency's decision sets the stage for an expected petition from environmentalists for a new agency rule. Environmentalists say the agency's decision means two billion pounds of toxic materials may go unreported in future years.

The fertilizer industry is locked in a legal battle with the federal government over the listing of a manufacturing byproduct as a likely carcinogen, which legal experts say could expose the industry to potentially enormous worker safety liability claims. Government agencies and scientists claim that tens of thousands of American workers are exposed each year to sulfuric mist, which is created during a variety of product manufacturing processes.