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Looking for an outlet? The EVs are Coming, the EVs are Coming!
On January 29, General Motors stunned the vehicle world by announcing that by 2035, its goal is to phase out all vehicles powered by internal combustion engines, selling only zero-emission cars and...
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What a Difference a Day Makes
Co-authored by Brian Rosenthal and Timothy WebsterOn Day One, the 46th President of the United States signaled his focus on climate, the environment, and energy in executive orders, official...
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President Biden Pulls the Plug on Keystone XL — Let’s Make Sure It Sets the...
Last week, President Biden hit the ground running on environmental policy, issuing an Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis....
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Battling Over Battlegrounds: Climate Torts Return to the Supreme Court
The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring...
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There’s a First Time for Everything
Anyone with even a passing interest in environmental law has seen numerous articles over the past four years noting the Trump administration’s efforts to roll back this or that environmental...
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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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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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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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HAS THE TIME COME FOR A GREENHOUSE GAS NAAQS? LAW STUDENTS WILL ARGUE THE...
One thing that is clear from the 2020 election: the Senate will remain closely divided, with slim majority control to be determined by the two January Senate runoff races in Georgia. President Elect...
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NASA Satellite Data May Provide A Glimpse into the Future
NASA's Earth Observing System Project gathers data from a fleet of satellites orbiting the planet. This system of satellites is playing an increasingly important role in measuring air pollution and...
View ArticleEarth Day 50: Have We Made any Real Progress?
April 22, 2020 marks the 50th Anniversary of Earth Day. The coronavirus pandemic has consumed the world’s attention, and thus it seems likely that Earth Day and environmental issues will unfortunately...
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EPA Remains the “Anti-Environmental Protection Agency”; Wheeler Refuses to...
After more than three years of ignoring science whenever it does not support this Administration’s preferred outcomes, the issue of the future of science in environmental regulation has now been well...
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If You Thought That COVID-19 Was Bad, Try It Mixed With Some PM2.5!
Last week, I discussed the Administration’s guidance concerning the exercise of its enforcement discretion during the COVID-19 pandemic. Now comes evidence that the guidance may actually be...
View ArticleNothing But Blue Skies?
As a result of the measures put in place to flatten the curve for the coronavirus pandemic, California is experiencing an unprecedented improvement in air quality. The combination of work from home,...
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Balancing Environmental Protection and Public Health in the time of COVID-19...
Greenwire reported today that two medical sterilization facilities in Georgia that had been shut down or had production limited due to concerns about exposures to ethylene oxide would be allowed to...
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Think Globally, Act Locally?
In Washington State, some legislators and regulators have been acting locally. But are they thinking globally?Our two-term governor sought for years, unsuccessfully, to persuade our legislature to...
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IMO 2020 – A Strikeout for Sulfur, but Black Carbon Is Still on Base
Greenhouse gas (GHG) emissions from international shipping supposedly represent 2% to 3% of the world total, about on par with those emitted by Germany. However, there are no GHG emission...
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Will The PM NAAQS Be the Real End of Agency Deference?
According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two...
View ArticleCOAL
My blog posts have, in the past, largely focused on this or that regulation or some legal development or other dealing with chemical regulation or environmental statutes or rules in general. This one...
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If It Walks Like a Duck and Talks Like a Duck, It May Still Not Be Sauce for...
Earlier this week, the D.C. Circuit Court of Appeals held that the “Wehrum Memo,” which reversed EPA’s longstanding policy of “once in, always in” regarding MACT jurisdiction, was not final agency...
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