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Robin Kundis Craig | June 16, 2021

Waters of the United States, 2021/2022 Edition, Part I

Recently, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced that the regulations defining “waters of the United States” under the Federal Water Pollution Control Act (better known as the Clean Water Act) are once again going to change. The importance of that announcement is best demonstrated through a quick recap of the chaos that has dominated this element of Clean Water Act jurisdiction.

Robin Kundis Craig | June 16, 2021

Waters of the United States, 2021/2022 Edition, Part II

In the first part of this post, I briefly touched on the chaotic history of the EPA and Army Corps' definition and regulation of "waters of the United States" under the Clean Water Act. I also pointed out that this definition and its varying interpretations across courts and administrations can have significant impacts on water pollution prevention and the protection of our nation's waterways. With the Biden administration tackling a redo of the "waters of the United States" rule, court challenges are sure to follow. In this post, I'll explore three approaches to the rule that might help it survive judicial review.

Alina Gonzalez | June 15, 2021

Wind on the Water: Five Benefits of Offshore Wind Energy

Not long ago, the prospects of offshore wind energy seemed lofty, but the industry is finally taking off. As part of his efforts to combat climate change, President Biden has pledged to double offshore wind production by 2030. This commitment stems from the enormous benefits and potential that wind energy can provide as we transition to clean, sustainable energy.

James Goodwin | June 9, 2021

CPR Scholars and Staff Back EPA’s Plan to Eliminate Trump ‘Benefits-Busting’ Rule

In addition to cleaning up our environment, the U.S. Environmental Protection Agency (EPA) must also clean up the mess the Trump administration left behind. The Biden EPA recently took an important step in this direction by finalizing its plan to rescind a Trump-era rule that would drastically overhaul how it analyzes the rules it develops to implement the Clean Air Act. If implemented, Trump's "benefits-busting" rule would have sabotaged the effective and timely implementation of this popular and essential law, which protects the public from dangerous pollution that worsens asthma and causes other diseases. On June 9, the EPA held a public hearing to gather feedback on rescinding the rule. CPR Member Scholars Rebecca Bratspies and Amy Sinden joined me in testifying in support.

Daniel Farber | May 21, 2021

Cost-Benefit Analysis and the Biden EPA

In its closing days, the Trump administration issued a rule designed to tilt EPA's cost-benefit analysis of air pollution regulations in favor of industry. Recently, the agency rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA's explanation for the rescission was illuminating, however. It sheds some important light on how the agency views the role of cost-benefit analysis in its decisions.

Katlyn Schmitt | May 13, 2021

Baltimore Sun Op-Ed: Is the Maryland Department of the Environment Cleaning Up Its Act When It Comes to Enforcement?

Dirty, polluted stormwater that runs off of industrial sites when it rains is a major cause of pollution to Maryland’s streams and rivers, and ultimately to the Chesapeake Bay. Maryland is home to thousands of such industrial sites, all of which are required by law to obtain a stormwater discharge permit from the Maryland Department of the Environment (MDE) to prevent pollution and protect public and environmental health. Unfortunately, many of these sites do not have a permit. For example, our research in one small area of Anne Arundel County found that only four out of 12 industrial sites possessed a current permit. Of the industrial sites that hold a permit, many are not in compliance with the permit requirements. Between 2017 and 2020, MDE conducted just under 2,000 inspections of permitted sites throughout Maryland and found that more than two-thirds (68%) were violating the terms of their permits. These industrial sites are commonly clustered in urban areas, creating pollution hot spots of runoff that can include heavy metals and other toxins. Such polluted waters threaten the health of those who live nearby, who are more likely to be low income and populated by people of color.

David Flores | May 3, 2021

Maryland Must Take Stronger Steps to Regulate Toxic Stormwater from Industrial Sites to Protect Marylanders and their Waterways

As Maryland heads into the final stretch of a collective effort to clean up the Chesapeake Bay, it has inexplicably passed over its best opportunity in years to modernize regulation of industrial stormwater -- rain and snow that collects toxic pollution as it runs off factories, warehouses, scrap metal dealers, and other industrial sites. Earlier this year, Maryland released a proposed revision of its general water pollution permit, which limits the type and amount of pollutants that facilities can discharge into public waters and sets monitoring and reporting requirements to protect public and environmental health. Unfortunately, the state missed an important opportunity to bring stormwater regulation from the last century into the present -- but it’s not too late to change course.

Daniel Farber | April 29, 2021

Biden and the Environment: The First 100 Days

April 30 marks President Biden's first 100 days in office. He's appointed a great climate team and is negotiating an infrastructure bill that focuses on climate change. With luck, those actions will produce major environmental gains down the road. There are also some solid gains in the form of actions that have already come to fruition. Here's where things stand.

Alejandro Camacho | April 23, 2021

Biden Picks Conservation Advocate Tracy Stone-Manning to Lead the Bureau of Land Management. Here are Five Priorities for Our Public Lands.

On April 22, the White House confirmed that President Joe Biden will nominate Tracy Stone-Manning to head up the Bureau of Land Management (BLM), a federal agency charged with overseeing national monuments and other public lands, as well as key aspects of energy development. A longtime conservation advocate, Stone-Manning has worked for the National Wildlife Federation, served as chief of staff to former Montana Gov. Steve Bullock and advisor to Sen. Jon Tester, and led Montana's Department of Environmental Quality.