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The Supreme Court this morning granted certiorari in the case of American Electric Power Co. v. Connecticut, a common law nuisance suit seeking an order compelling large electric utility companies to reduce their contributions to global climate change. At issue will be a variety of doctrines – such as standing and political question – that nominally […]

With the 40th anniversary of EPA last week, there’s been some useful writing on the big picture of the history. I wanted to highlight: Steve Cochran at EDF has the first in a series on the Clean Air Act and its record of protecting us from pollutants. Post one: the acid rain program. Ruth Greenspan Bell […]

Maryland submitted its final Phase I Watershed Implementation Plan for Chesapeake Bay restoration this afternoon. It’s the strongest blueprint of any of the states, and if implemented and funded sufficiently would allow Maryland to achieve its needed share of pollutant reductions. Maryland has pledged to implement, by 2017, the pollutant controls necessary to achieve 70% […]

a(broad) perspective In 1974, atmospheric scientists discovered that chlorofluorocarbons (CFCs) were causing the alarming depletion of the protective ozone layer that shields all life on Earth from the harmful ultra-violet radiation from the sun. These CFCs were present as propellants in aerosol cans and also used as refrigerants. The global scientific consensus and the severity of ozone […]

Update: EPA and NHTSA have issued the Supplemental Notice of Intent. The regulatory process is often complex: agencies must balance opportunities for public comment, complex scientific information, and economic analysis, all while trying to craft a program that fulfills a legal mandate. But when it comes to crafting proposals for vehicle fuel economy and greenhouse gas […]

First the good news: the U.S. Fish and Wildlife Service (FWS) last week designated a huge expanse of barrier islands, denning areas, and sea ice in the Arctic as “critical habitat” for polar bears under the federal Endangered Species Act. The largest such protected area in the ESA’s history, the new critical habitat covers an […]

Yesterday was the deadline for Bay states and the District of Columbia to submit their final Phase I Watershed Implementation Plans (WIP). These WIPs are roadmaps that describe how Bay jurisdictions will meet their pollutant reduction obligations under the Bay TMDL. Delaware, the District of Columbia, Pennsylvania, Virginia, and West Virginia submitted their plans by the deadline, […]

Cross-posted from Legal Planet. The White House Council on Environmental Quality has issued the first of three expected final guidance documents for federal agencies implementing the National Environmental Policy Act. This one, which covers the use of categorical exclusions, is an excellent start. NEPA is the “look before you leap” environmental law. It requires that […]

“In order for CBA cost benefit analysis to be workable, regulators need to have a relatively restricted range of possibilities.” That’s what OIRA Administrator Cass Sunstein wrote in a 2007 book. So how about from $82 billion to negative $251 billion, a third of a trillion dollars – is that a relatively restricted range? Those […]