The Annual Texas Environmental Superconference—Austin in August?
The Texas Environmental Superconference is one of a kind. Held each year in Austin in sweltering early August, this conference consistently sells out, attracting over 500 participants from the public...
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NGOs 1, Trump EPA 0: The First Skirmish in the Great Environmental Rollback...
Last week, the D.C. Circuit Court of Appeals handed environmentalists at least a temporary win in what I think was the first case to reach judicial decision in Scott Pruitt’s great environmental...
View ArticleHOW DOES A DEMOCRACY DECIDE SCIENTIFIC FACTS? SCOTT PRUITT’S RED TEAM/BLUE...
Reuters reports that EPA Administrator Scott Pruitt, responding to a suggestion in a Wall Street Journal editorial, is planning to set up a “red team/blue team” war-game style debate to resolve the...
View ArticleTrumping Trump on Climate Change
President Donald Trump’s decision to back away from the Obama Administration’s Clean Power Plan and other policies to reduce U.S. greenhouse gas (GHG) emissions in fulfillment of America’s commitment...
View ArticleWHICH WAY ARE THE WINDS BLOWING ON THE INTERNATIONAL TRANSPORT OF AIR...
At a time when the international transport of air pollutants is squarely before the DC Circuit in connection with the challenge to the Cross State Air Pollution Rule Update (State of Wisconsin, et al...
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Trump’s 2-For-1 Order: Still Arbitrary and Capricious After All These Months
In June, I posted about Foley Hoag's brief in support of those challenging Executive Order 13771, the so-called “2 for 1” EO. By ignoring the benefits of existing and proposed regulations, the Order...
View ArticleTIME FOR ACOEL TO STAND UP FOR ENVIRONMENTAL LAW
On this 10th anniversary of the founding of ACOEL, it is appropriate to devote some thought to what we have achieved in furthering ACOEL’s goals of “maintaining and improving the ethical practice of...
View ArticlePaper or Cyber? Protecting Confidential Information
Equifax, Yahoo, South Korea – reports of the theft of computer-based information by known, suspected or unknown hackers have become commonplace. A recent report of the hacking into a Securities and...
View ArticleEPA Tries Again to Keep Toxic Pollution Information from Communities
Your Thanksgiving turkey, like most meat in America, was probably produced at an industrial animal facility in rural America. These facilities hold thousands or tens of thousands of animals in a...
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Pruitt Banishes “Sue and Settle” – A Solution In Search of a Problem?
EPA Administrator Scott Pruitt earlier this month issued a Directive prohibiting the practice of “sue and settle.” He also issued a Memorandum to senior staff explaining in more detail some of the...
View ArticleThe Truth about Sue and Settle that Scott Pruitt Ignores
Seth Jaffe’s post about EPA Administrator Scott Pruitt’s sue and settle directive is right on. As he notes, the Administrator punts on the question at the core of his holy war against sue and settle:...
View ArticleACOEL’s Alex Dunn to Serve as Regional Administrator for EPA Region 1
Last month, EPA Administrator Scott Pruitt announced the well-deserved appointment of the ACOEL’s own Alexandra Dapolito Dunn as Regional Administrator for EPA Region 1. The press release accompanying...
View ArticleChronic Pesticide Exemptions May Increase Risks to Our Pollinators
EPA has the responsibility to protect the public and the environment, including bees and other pollinators, from the use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act...
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WHEN SCOTT MET JANUS
The amateur horologists among you will recall that all of the calendar months are named after fabric fresheners (February - Febreze), gods (March - Mars, April - Aphrodite, May - Maia, June - Juno),...
View ArticleWith the Stroke of a Pen…or a Tweet?
John Milner’s recent post on executive orders, memorandums, and proclamations taps into something that is quite new and different for environmental lawyers—a president who uses these and other “direct...
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Statutory Deadlines Matter—EPA Gets Taken to the Woodshed
Last week, EPA was ordered to take final action on a Clean Air Act § 126(b) petition filed by the State of Connecticut, which asserted that emissions from the Brunner Island Steam Electric Station in...
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More Guidance on Guidance: DOJ Will Not Enforce “Improper” Agency Guidance...
In November, Attorney General Sessions issued a memorandum prohibiting DOJ from issuing regulations disguised as guidance.Folders with the label Regulations and GuidelinesNow, DOJ has taken the...
View ArticleAnd the Regulatory Reform Caravan Keeps Moving on Down the Road
On January 25, 2018, The EPA published a guidance memorandum withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants under section 112 of the...
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The Proposed Pebble Mine: Too Toxic for Trump?
EPA Administrator Scott Pruitt began his tenure by decrying the so-called “sue and settle” policy approach, where EPA settles lawsuits brought against it in a manner that dictates EPA actions on...
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How Much Deference Will EPA Get On Its CAFE Standards Decision?
There’s been a lot of discussion regarding EPA’s decision to withdraw EPA’s Mid-term Evaluation of Greenhouse Gas Emissions for Model Year 2022-2025 Light-duty Vehicles. After pondering for a while, my...
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