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Showing 2,921 results

Nicholas Vidargas | July 5, 2012

Environmental Justice and Chemical Security: Why EPA Should Use the General Duty Clause to Protect Vulnerable Communities

Around the nation, a huge number of facilities produce, store, handle, and process a toxic mix of hazardous chemicals every day.  According to EPA data, 483 of those facilities put 100,000 people or more at risk of a chemical disaster.  Worse, because facility siting decisions have historically been, and continue to be, deaf to impacts […]

Daniel Farber | July 3, 2012

Does Any Pollutant Mean ANY Pollutant?

Cross-posted from Legal Planet. It got less attention than it should because it was upstaged by the Supreme Court’s healthcare decision, but last week’s D.C. Circuit ruling on climate change was almost as important in its own way.  By upholding EPA’s regulations, the court validated the federal government’s main effort to control greenhouse gases.  To […]

Matthew Freeman | July 3, 2012

Columbia Journalism Review Calls Out Bloomberg Story on Regulation

Last week, The Washington Post ran a story about regulation, headlined, “Regulators surge in numbers while overseers shrink.” The story came from Bloomberg and was written by reporter Andrew Zajac. The headline captures the thrust of the piece. Zajac writes: As the U.S. government’s regulatory bureaucracy has ballooned, one agency has been left behind: the […]

David Driesen | June 29, 2012

Health Care’s New Commerce Clause: Implications for Environmental Law

Although the Supreme Court upheld the Affordable Care Act’s requirement that most individuals purchase health insurance (called the individual mandate) as within Congress’ power to levy taxes, it stated that Congress lacked the power to enact it under the Commerce Clause.  Under prior case law, Congress could regulate activities substantially affecting interstate commerce by any […]

Robert Verchick | June 28, 2012

Secretary Salazar’s Unfortunate Prediction

Good news for the Arctic! “I believe there will not be an oil spill”—this according to Ken Salazar, the nation’s Secretary of Interior and, now, environmental crystal-gazer. As someone still fretting about BP’s mess in the Gulf, I want to believe; but it’s hard. So let me back up. Earlier this week, Secretary Salazar said […]

Ben Somberg | June 27, 2012

Safe Drinking Water Act Provides EPA Key Opportunity to Regulate BPA

Member Scholar Noah Sachs and Policy Analyst Aimee Simpson have sent a letter to the EPA nominating the chemical Bisphenol A (BPA) to be included on the “Fourth Contaminant Candidate List” for possible regulation. They write: Pursuant to the Safe Drinking Water Act Amendments of 1996 (SDWA), the U.S. Environmental Protection Agency (EPA) must compile […]

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 […]