All the recent climate change related litigation has overshadowed major activity around control of hazardous air pollutants (HAPs) from coal plants. Mercury is one such HAP. Back in February 8, 2008 in New Jersey v. EPA, the D.C. Circuit Court of Appeals threw out U.S. EPA’s cap and trade program for mercury, known as the Clean Air
EPA Responds to Deseret Power, CO2 Not a Regulated Pollutant
When the Environmental Review Board (EAB) issued its decision in Deseret Power, the Sierra Club and many others across the Internet declared victory claiming the decision would block permits for new coal fired power plants for the immediate future. Looks like they may have been premature…
The EPA issued a significant interpretive memorandum in response to the Deseret Power
Ohio Brownfield Redevelopment Program Leaves Grant Money On the Table
To quote a consultant I work with…"Times must be tough in Ohio when there is free money left on the table" for redevelopment.
Today, the Clean Ohio Council met to evaluate the project proposals for Round 5 of the Clean Ohio Revitalization Fund. There was $17 million in grant funding available. In the previous 4
Group Think on Obama’s Environment and Climate Team
President Elect Obama has prided himself on appointing a mix of opinions in his cabinet and senior advisors. For example, his National Security team is made up a former political rival and a Republican from the Bush Administration. Obama has said he studied history and identified a possible issue in past presidencies is not fostering a diverse mix
CAIR Update- Court Considers a Stay Allowing EPA to Fix the Cap and Trade Program
Is the Court showing signs that it may have gone too far is throwing out CAIR? After EPA filed a request for rehearing, a hopeful sign emerged last month when the Court asked the parties challenging CAIR to respond to two questions:
- Does any party really want the entire rule thrown out (vacatur)?
- Should the Court
Push for Great Lakes Restoration Funding in the Economic Stimulus Package
Senators Stabenow and Feingold are trying to build support for Great Lakes funding in the economic stimulus package being developed. The following letter is being circulated as a way of showing support for inclusion of funding.
The letter highlights the traditional areas identified for Great Lakes Restoration- contaminated sediment, combined sewer overflows and eco restoration.
Dear
Army Corps/EPA Issue New Post-Rapanos Guidance on Federal Jurisdiction Over Streams and Wetlands
After the Supreme Court issued its decision in Rapanos, a lack of clarity persists as to how to determine whether a waterway or wetland is federally protected under the Clean Water Act. This of course pretty critical in deciding which types of permits you may need to impact a stream or wetland.
On December
Bill Introduced to Extend Ohio Audit Privilege for Environmental Violations
Senator Tom Niehaus has introduced S.B. 372 bill to extend the effectiveness of Ohio’s Environmental Audit Privilege law for another five years. The law is set to expire on January 1, 2009. It was a hard fought battle for businesses to get the Audit Privilege law on the books in the late 90’s. While the law was watered
Ohio Will Solicit Second Round of Diesel Grant (DERG) Applications
DERG Round Two Schedule: Tentatively, Ohio will begin soliciting grant applications on December 15th for the second round of funding under the Diesel Emission Reduction Grant (DERG) program administered by the Ohio Department of Development (ODOD). DERG will have approximately $11.2 million in available funding in the second round. The grants pay for retrofits of emission controls
Rhode Island CO2 Regulation of Autos Updheld
A federal district court in Rhode Island has dismissed all the claims filed by the Auto companies seeking to strike down Rhode Island’s greenhouse gas regulations for new cars. The decision did not reach the merits of regulating greenhouse gases from automobiles. The Federal Court ruled that the Auto companies were prevented from challenging the