There is good news for area businesses. Additional compliance costs and restrictions on economic growth will be avoided that were deemed all but certain a few years ago. The compliance costs were associated with new air pollution controls needed to achieve U.S. EPA’s 1997 8-hour ozone standard (0.85 ppm). The deadline to meet this
Nuisance Finding Gives Downwind States New Ammo in the Long Cross-Border Pollution War
On January 13, 2009, Judge Lacy Thornburg of the District Court for the Western District of North Carolina issued a major decision in case of North Carolina v. TVA. When filed, this case was seen as another chapter in the on-going battle between downwind and upwind states over cross-border pollution.
However, the decision and implications
U.S. EPA Ozone Rule Shows Potential For More Flexibility in the Future
In yesterday’s post, I discussed the possibility of E-check expanding in Ohio as a result of U.S. EPA’s proposed revisions to implementation of the 1997 8-hour ozone standard (.08 ppm). Today I want to discuss the larger
E-Check May Come Back to Cincinnati Under EPA Proposed Rule
[NOTE: THIS POST WAS REVISED BASED UPON ADDITIONAL REVIEW AND INFORMATION] The unpopular automobile tail pipe test known as E-check may resurface in Cincinnati under a U.S. EPA proposed rule. Right now, Cleveland is the only area in Ohio with E-check because the area is under a federal mandate to operate the test. That federal mandate could expand under a recent U.S.
Ohio Finalizes Emission Trading Bank for Offsets
Ohio EPA wants to make it easier for economic development to occur in areas like Cleveland, which are designated "non-attainment" with the federal air quality standards (NAAQS) such as ozone or PM 2.5. Federal regulations require companies looking to build or expand in these areas to offset their emissions. Offset is achieved by securing the requisite emission
Second Round of Ohio Diesel Grant Program Launched
The Ohio Department of Development launched today the second round of funding under the Diesel Emission Reduction Grant (DERG) program. There will be at least $9.8 million in funding available in the second round. You can receive funding of up to 80% of the cost (requires a 20% match) for cost of equipment related to
Court Saves CAIR, Remands to EPA
The D.C. Circuit Court of Appeals issued its much anticipated decision in response to U.S. EPA’s request for reconsideration of the decision vacating the CAIR program. The decision marks an important victory for U.S. EPA, the State and provides some level of certainty for utilities.
The Court decided to remand the rule to U.S.
Control of Hazardous Air Pollutants from Coal Plants
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
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