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State Coal Ash Regulation at Work

You may have read of a letter sent by 31 Representatives to the EPA today to complain about coal ash regulation. I wasn't planning on dignifying it with a response, but sometimes something just calls out for a little highlighting. Like when the members write:

"States have been effectively regulating CCRs"

That's actually a case they want to be on record making? Really?

View of the TVA Kingston Fossil Plant fly ash spill. Photo used under Creative Commons by Brian Stansberry.

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Ben Somberg | July 29, 2010

State Coal Ash Regulation at Work

You may have read of a letter sent by 31 Representatives to the EPA today to complain about coal ash regulation. I wasn’t planning on dignifying it with a response, but sometimes something just calls out for a little highlighting. Like when the members write: “States have been effectively regulating CCRs” That’s actually a case […]

Thomas McGarity | July 28, 2010

The New Consumer Protection Agency and Bureaucratic Reality

Now that Congress has passed legislation creating a new Consumer Financial Protection Bureau in the Treasury Department, attention has shifted to how the Obama Administration will implement the new law. The issue of who President Obama should appoint to head the new agency is now front and center. Consumer groups and many members of Congress […]

Lena Pons | July 27, 2010

Auto Safety Bill Takes Some Bruises in the Senate; Automakers Try for More

The Motor Vehicle Safety Act of 2010 (H.R. 5381/S. 3302), the primary legislation on the table in response to the Toyota unintended acceleration fiasco, went through the committee process in the House and Senate earlier this summer. The bills, as introduced, included some tough provisions to respond to gaps exposed by the Toyota episode. Among […]

Catherine O'Neill | July 27, 2010

EPA’s New Guidance on Considering Environmental Justice in Rulemaking a Welcome First Step

The EPA released a guidance document on Monday that promises to integrate environmental justice considerations into the fabric of its rulemaking efforts. Titled the Interim Guidance on Considering Environmental Justice During the Development of an Action, EPA’s Guidance sets forth concrete steps meant to flag those instances in which its rules or similar actions raise environmental […]

Daniel Farber | July 26, 2010

Using Disclosure as a Smokescreen: How Behavioral Economics Can Deflect Regulation

Cross-posted from Legal Planet. A key figure in behavioral economics recently issued a warning about over-reliance on its findings.  In a NY Times op. ed, Dr. George Lowenstein raised questions about some uses of behavioral economics by government policymakers: As policymakers use it to devise programs, it’s becoming clear that behavioral economics is being asked […]

Yee Huang | July 23, 2010

At Thirty Five, Endangered Species Treaty Has Mixed Record

July 1 marked the 35th anniversary of the effective date entry-into-force of the Convention on International Trade in Endangered Species (CITES). While CITES is among the stronger international conventions, its strength is diminished by a lack of an enforcement mechanism and political maneuverings. The arrests and cargo seizures may not make headlines often, but international […]

Alice Kaswan | July 23, 2010

Climate Change: The Ball’s Bounced Back to the States, EPA, and DOE

After endless negotiations and draft bills, the Senate has given up on climate legislation that would place any sort of cap on the nation’s emissions, and will likely settle for a few select energy initiatives. Congress’ failure to act is galling. Hand wringing is fully justified. But what now? State and local governments have become accustomed to federal paralysis, […]

Shana Campbell Jones | July 22, 2010

Big Chicken Loses Round One in Groundbreaking Water Pollution Case

Thanks to a strong ruling from a federal judge in Baltimore Wednesday, large poultry companies are one step closer to being held accountable for the pollution (manure) the small farms that grow chickens for them generate. Responsibility: it’s not just for the little guys anymore. In March, several environmental groups in Maryland sued Perdue Farms, […]

Matt Shudtz | July 21, 2010

Miner Safety and Health Act Faces Committee Vote Today

Just before the July 4 recess, Representative George Miller, Chairman of the House Education and Labor Committee, introduced the Miner Safety and Health Act of 2010. Recent explosions at Massey Energy’s Upper Big Branch Mine, Tesoro’s Anacortes (WA) refinery, BP’s Deepwater Horizon drilling platform, and U.S. Steel’s coke oven in Clairton (PA), highlight the life-threatening hazards […]