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Catherine O'Neill | March 11, 2011

In Coming Utility MACT, EPA Has Clean Air Act Authority to Make Big Strides in Protecting Americans from Mercury Pollution

By Wednesday of next week, EPA is due to publish its long-anticipated rule controlling mercury emissions from coal-fired utilities.  This is how we ought to judge the rule: does it follow the mandate of the Clean Air Act (CAA)? For too long, utilities have managed by various means to fend off regulation required by the CAA. Assuming EPA’s […]

Ben Somberg | March 9, 2011

Adler Op-Ed: Utah Working to Shut the Door to Citizen Involvement in Environmental Decisions

CPR Member Scholar Robert Adler has an op-ed in the Salt Lake Tribune looking at a series of developments in Utah — administrative actions as well as pending legislation — that could hinder citizen engagement in environmental decisions. The context, write Adler, is this: Whether or not one agrees that Tim DeChristopher was legally or […]

Amy Sinden | March 4, 2011

EPA Appears Poised To Give Troubling Role to Cost-Benefit Analysis In Setting Rules on Power Plant Cooling Water

When it comes to the use of cost-benefit analysis in setting environmental rules, it looks like President Obama’s EPA has taken a big swig of industry’s Kool-Aid. We’ll know for sure soon: The EPA has a March 14 deadline to issue its proposed Clean Water Act rule on cooling water intake structures at existing power […]

Ben Somberg | March 4, 2011

Press Examine Historical Evidence on the Costs of Regulation

Industry representatives have long made exorbitant claims about the costs of regulations, only to be proven wrong again and again. And despite that history, anti-regulatory campaigners repeat the scariest statistics their own experts come up with, even if those statistics were meant to include a range of possible outcomes, or included caveats of uncertainty. An […]

Daniel Farber | March 3, 2011

Michele Bachmann’s Unconstitutional Light-Bulb Bill

Cross-posted from Legal Planet. Michele Bachmann has introduced legislation to overturn the statute requiring the use of energy-efficient light bulbs, according to E&E News.  One  feature of the bill is its escape valve: Bachmann’s bill would allow the mandate to stand if the Government Accountability Office can prove the energy efficient bulbs would meet three […]

Catherine O'Neill | February 24, 2011

EPA’s New Boiler Rule Will Deliver Reduced — But Still Huge — Health Benefits

This post was written by CPR Member Scholar Catherine O’Neill and Communications Specialist Ben Somberg. The announcement from EPA Wednesday creating final standards for pollution from industrial boilers is being described by the press as “scaled back,” and “half the cost of an earlier proposal.” Those things are true, but the new regulation is no […]

Holly Doremus | February 23, 2011

Supreme Court Won’t Hear Critical Habitat Cases

Cross-posted from Legal Planet. The Supreme Court on Tuesday denied certiorari on two Endangered Species Act cases, Arizona Cattle Growers Association v. Salazar and Home Builders Association of Northern California v. US Fish and Wildlife Service. The cases were considered together because they raise the same issue: how the economic impacts of critical habitat designation […]

William Buzbee | February 23, 2011

Williamson v. Mazda: Sound and Clear Preemption Decision

The Supreme Court today issued its much-awaited ruling in Williamson v. Mazda. Could an injured or deceased plaintiff sue under common law for damages allegedly attributable to the lack of a rear inner seat seatbelt, when the Department of Transportation (DOT) had declined to require such belts while requiring other seat belts?   The case on its […]

Matt Shudtz | February 22, 2011

Cleanup Worker Safety Planning Must Not Get Forgotten in Fallout from BP Spill

Lizzie Grossman has a nice post over at The Pump Handle highlighting how the National Contingency Plan for major oil spills has significant gaps, which left government agencies and cleanup workers in the Gulf scrambling to figure out the right training programs and the best ways to protect workers’ health and safety in the days, […]