A group of eight states and conservation groups ("Plaintiffs") have been pushing a massive federal nuisance claim against utilities. The Plaintiffs claim that major emitters of carbon dioxide in twenty states have created, contributed to, or maintained a common-law public nuisance by contributing to global warming thereby injuring States and landowners feeling the impacts of climate change. (See
August 2010
EPA Plays Politics By Delaying Ozone Rule
Back in 2007, U.S. EPA was sued by some States and environmental groups who challenged the legitimacy of the ozone standard -75 parts per billion (ppb)- selected by the Bush Administration. In 2009, the Obama Administration announced that it was reconsidering the 75 ppb standard.
Ostensibly 75 ppb remains on the table. However, U.S. EPA is likely to…
Politics, Litigation and Debate Heats Up Over Climate Change
After this summer’s anti-climatic end to federal climate change legislation, some thought that perhaps there would be a temporary end of the discussion of climate change regulation. However, recent weather events (wildfires in Russia, floods in Pakistan and an ice sheet breaking off Greenland) and extreme heat have reinvigorated the debate.
Here is some highlights…
US EPA Attempts to Ease Transition to Greenhouse Gas Regulation for Large Sources
On August 12th, the U.S .EPA released two proposed rules to address the potential gap that exists while States adopt rules to regulate greenhouse gases (GHGs) from large stationary sources. What U.S. EPA is really doing is making sure all fifty states will be regulating GHGs beginning January 2011.
On May 12, 2010, U.S. EPA finalized its controversial…
Ohio- Center of Debate Over Biomass
There is a very good article in the Akron Beacon Journal discussing the debate over the use of biomass as a replacement for coal. Here is an excerpt from the beginning of the article (click here for full biomass article):
Burning Ohio trees at Burger sets fire to debate
Opponents are hot that
…
EPA Releases Interim Guidance on Environmental Justice
In my tenure at Ohio EPA, no issue was as vexing as Environmental Justice (EJ). In a nutshell, there is a legitimate issue behind the concept of EJ- low income and minorities are exposed to more pollution. Here is how EPA presents the EJ issues:
Fair Treatment means that no group of people should bear a
…