In National Farm Bureau Federation v. EPA, the D.C. Circuit Court of Appeals has granted environmental group petition for review of the NAAQS for fine particle pollution known as PM 2.5. Environmental groups and industry groups both challenged portions of EPA’s standard. The EPA had decided to maintain the annual standard at 15 μg/m3. The Court
Between the Lines of the EPA Administrator Memo
Today, EPA Administrator-designate Lisa P. Jackson distributed a memo to all employees of EPA. The memo outlines her and President Obama’s philosophy of environmental protection. The memo is an interesting demarcation of the major changes that are coming in the realm of environmental protection.
Some priorities Ms. Jackson is very upfront about, such as
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
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.
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
CAIR III: Creating Key Legal Precedent on Cap and Trade
In my prior posts on CAIR, I analyzed the real world impacts of the Court’s decision to vacate the program. In my final post on CAIR, I highlight some of the legal implications from the Court’s decision on business and policy makers. This is not meant to be a legal brief for lawyers, but rather
CAIR Part II: Update on Short Term/Long Term Impacts
In my previous post on the CAIR decision, I discussed the environmental and practical ramifications of the Court’s decision vacating the program. While speaking at a large permitting seminar for manufacturer’s, I had a chance to discuss the conclusions of my prior post with some State officials. While I was correct that the CAIR decision complicates