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Summer is Here, and With it Another Missed Deadline for a Key Regulation

The EPA has quietly missed another deadline on issuing the final revised “boiler MACT” rule. The agency had pledged for many months that the rule would be finalized in April. Then, in an April 30th “status report” filing with the DC Circuit Court of Appeals, the agency said: “EPA intends to take final action on this proposed rule in the Spring of 2012.” Wednesday was the first official day of summer.

The revised version of the rule will provide less pollution reduction than the original version, but is still expected to prevent thousands of deaths each year. James Pew, of Earthjustice, told E&E News last week that the rule has been made “illegally weak.”

The rule has been under review at OMB’s Office of Information and Regulatory Affairs (OIRA) since May 17. OIRA Administrator Cass Sunstein wrote in a Chicago Tribune op-ed in March that this administration believes in “maximizing net benefits.”

Michael Livermore, of the Institute for Policy Integrity, has argued that “in order to maximize net benefits and get the most bang for taxpayers’ buck, standards from the 2010 proposal would have to be more stringent, not less.”

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Ben Somberg | June 22, 2012

Summer is Here, and With it Another Missed Deadline for a Key Regulation

The EPA has quietly missed another deadline on issuing the final revised “boiler MACT” rule. The agency had pledged for many months that the rule would be finalized in April. Then, in an April 30th “status report” filing with the DC Circuit Court of Appeals, the agency said: “EPA intends to take final action on this […]

| June 21, 2012

Trash Overboard! Why the U.S. Should Ratify the 1996 Protocol to the London Convention

a(broad) perspective Today’s post is the fifth in a series on a recent CPR white paper, Reclaiming Global Environmental Leadership: Why the United States Should Ratify Ten Pending Environmental Treaties.  Each month, this series will discuss one of these ten treaties.  Previous posts are here. 1996 Protocol to the London Convention on the Prevention of […]

David Hunter | June 19, 2012

Meeting Low Expectations at Rio+20

This is not your father’s Earth Summit.  This week’s UN Conference on Sustainable Development is meant to assess how far we’ve come from the 1992 UN Conference on Environment and Development (ambitiously named the Earth Summit).  And the 1992 Earth Summit was ambitious, featuring the largest gathering of world leaders in history as well as […]

James Goodwin | June 15, 2012

EPA’s New Soot Proposal: The Good News, A Reality Check, Some Hopes, and Some Fears

Today, the EPA announced its new proposed National Ambient Air Quality Standard (NAAQS) for fine particulate matter, commonly referred to as soot.   Soot is one of the most common air pollutants that Americans encounter, and it is extremely harmful to our health and the environment, contributing to premature death, heart attacks, and chronic lung disease. […]

Ben Somberg | June 15, 2012

EPA Chemical Assessment Advisory Committee Nominees and Conflict of Interest Concerns

CPR President Rena Steinzor and Senior Policy Analyst Matthew Shudtz sent a letter to EPA Administrator Lisa Jackson this morning concerning the EPA’s Integrated Risk Information System (IRIS). From the letter: We are concerned that the recent establishment of the SAB Chemical Assessment Advisory Committee (CAAC) institutionalizes yet another opportunity for potentially regulated parties to […]

Lisa Heinzerling | June 14, 2012

Cost-Benefit Jumps the Shark: The Department of Justice’s Economic Analysis of Prison Rape

Cross-posted from Georgetown Law Faculty Blog. Despite initial signs suggesting a different path, the Obama Administration has promoted the role of cost-benefit analysis in regulatory policy as fiercely as any administration before it. Nothing demonstrates this more clearly, I think, than the Administration’s bizarre and unfortunate decision to apply cost-benefit analysis to measures to limit […]

Alice Kaswan | June 13, 2012

Environmental Justice and GHG Cap-and-Trade: It’s More than a Complaint

California environmental justice groups filed a complaint last week with the federal Environmental Protection Agency arguing that California’s greenhouse gas (GHG) cap-and-trade program violates Title VI of the federal Civil Rights Act, which prohibits state programs receiving federal funding from causing discriminatory impacts.  They allege that the cap-and-trade program will fail to benefit all communities […]

Ben Somberg | June 12, 2012

Conservatives Blast Obama Administration for Its Environmental Actions in 2007

Rep. Joe Barton, speaking at a hearing last week, stuck it to President Obama’s EPA (at 39:00): In Idaho, just recently, the Obama Administration went against a family called the Sacketts on a wetlands issue. Again, Mr. Chairman, the Congress sets the rules, and the Administration enforces them. This Obama Administration, in the case of […]

Lisa Heinzerling | June 8, 2012

Antibiotics, Animals, and Agency Discretion

Cross-posted from Georgetown Law Faculty Blog. When an agency defends over three decades of inaction on an important problem by saying that acting would take too long, one hopes a judge reviewing the agency’s inaction will see through the pretense.  This is exactly what happened this week, when a federal magistrate judge in New York ruled […]