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Regulating Guidance As Though It Were Regulation
I’ve been complaining about guidance for most of the 33 years I’ve been in practice. The summary of the issue provided in Appalachian Power v. EPA in 2000 still has not been bettered:Congress passes a...
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Combating Climate Change with the Clean Air Act’s International Air Pollution...
As the key staffing decisions and priority policy agendas for President-elect Joseph R. Biden begin to take shape, the questions of when and how the administration will act on his campaign’s climate...
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Who Gets To Decide What is a Major Source That Requires a Permit? That’s a...
The recent decision by the 8th Circuit that the Coyote Creek Mining Company did not require a major source permit under the Clean Air Act is both fascinating and important. The question on the merits...
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EPA Finalizes Decision to Retain the Existing PM2.5 NAAQS — Single Worst...
On Tuesday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In...
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EPA’s Ozone NAAQS Decision — Perhaps the Statute Itself Deserves Some of the...
Last week, EPA formalized its decision to leave the ozone NAAQS unchanged, at 70 ppb. I don’t think that this decision is in the same category of egregiousness as EPA’s recent decision not to reduce...
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Environmental Justice: Where Are the Roadblocks?
We have known since the 1980s that people of color bear a disproportionate share of environmental harms. In 1994, President Clinton issued Executive Order 12,898, which required federal agencies to...
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Leaving on the Midnight Train to Maui (Going Back to Find a Simpler Place in...
With apologies to Gladys Knight & the Pips:https://www.youtube.com/watch?v=HwbmufPphP0It is not unusual for a lame duck administration to issue a flurry of midnight rules and administrative actions...
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A FLORID (AND POSSIBLY SIGNIFICANT?) ACE DISSENT
On January 19, 2021, the D.C. Circuit issued its long-awaited decision on the Trump EPA’s Affordable Clean Energy (ACE) rule. American Lung Assn. v. EPA, No. 19-1140. The ACE rule was the Trump EPA’s...
View ArticleDATA TO THE PEOPLE!
In the twilight of the Trump Administration, the Environmental Protection Agency issued an internal procedural rule entitled “Strengthening Transparency in Pivotal Science Underlying Significant...
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