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In October, EPA requested nominations for substances that it should evaluate under the Integrated Risk Information System (IRIS). Today CPR releases Setting Priorities for IRIS: 47 Chemicals that Should Move to the Head of the Risk-Assessment Line — a paper that we've submitted to EPA as our nominations for priority chemicals. Following up on our recent […]

The Obama Administration’s newly released science policy memo is an important and largely positive development in the effort to protect science and scientists from politics. In particular, the policy takes aim at many of the abuses of science and scientists that defined the Bush era. It’s particularly encouraging, for example, that the policy calls on political appointees […]

Cross-posted from Legal Planet. I thought it might be interesting to see the general trajectory of CERCLA litigation over the years.  The figures for reported court decisions are readily available on Westlaw. (I searched for CERCLA or Superfund by year.) Part of the trajectory makes sense, but part is puzzling. There’s a clear pattern up […]

A particularly revealing story in The Washington Post this weekend reported on a sordid tale of regulatory failure that may have helped contribute to this spring and summer’s outbreak of outbreak of egg-borne salmonella that sickened more than 1,900 people and led to the largest recall of eggs in U.S. history. In an agonizing case of […]

A federal appeals court’s decision on Friday refusing to block implementation of EPA’s first limits on carbon pollution from cars, power plants, and factories is good news for inhabitants of planet Earth. A coalition of industry groups, right wing think tanks, and the state of Texas had asked the court to grant a stay blocking EPA’s […]

Cross-posted from Legal Planet. On Friday the D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals.  It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate […]

Apparently feeling their oats after the Republicans captured control of the U.S. House in November’s elections, several GOP representatives from western states are already galloping out of the gates to attempt to roll back species protections in the West. They’ve initially set their sights on gray wolves in the Northern Rocky Mountains, which were returned […]

The environmental blogosphere is already abuzz over the Supreme Court’s grant of certiorari in AEP v. Connecticut. The case is of critical importance in determining whether the courts have a role to play in adjudicating climate change. Few believe that the courts are a good venue for developing climate policy. But for the foreseeable future, the question is […]

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 […]