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Ben Somberg | April 7, 2010

Group of AGs Urge Kerry-Graham-Lieberman to Not Preempt State Authorities on Climate

Seven state attorneys general have written a letter this week, released today, urging senators Kerry, Graham, and Lieberman to retain key state authorities on combating climate change in their upcoming bill (The Hill, National Journal). The letter, from the AGs of California, Delaware, Maine, Maryland, Massachusetts, Rhode Island and Vermont, follows two recent letters (see […]

Rena Steinzor | April 7, 2010

Eye on OIRA: President Defied by President’s Men; Sunstein and Orszag Violate Obama’s Own Directive

The system of checks and balances devised by the Framers of the Constitution 220 years ago was all about the sharing of power. In practice, it makes for a messy flow chart, and lends itself to lots of inside-the-Beltway conversation about who’s in, who’s out, who’s winning and who’s losing. But as messy as the […]

Ben Somberg | April 6, 2010

West Virginia Coal Mine Disaster

Twenty-five people have been killed in the coal mine disaster in West Virginia. At ABC News, Matthew Mosk and Asa Eslocker report on the safety history of the Upper Big Branch mine: The West Virginia coal mine where an explosion killed 25 workers and left another four unaccounted for in the worst mining disaster since […]

James Goodwin | April 5, 2010

Eye on OIRA: Coal Ash Meetings Up to 42, or More Than Half of All OIRA Meetings on EPA Rules

Fans of The Hitchhiker’s Guide to the Galaxy have long celebrated the number 42 as the “answer to the ultimate question of life, the universe, and everything.” Now, the number 42 also happens to be the number of meetings that OIRA has hosted regarding EPA’s pending coal ash rule, as it works toward developing the […]

Ben Somberg | April 2, 2010

CPSC and HUD: Defnitely Remove that Drywall. And Wiring, and Gas Pipes, and…

The Consumer Product Safety Commission and the Department of Housing and Urban Development released “interim remediation guidance” today for those affected by contaminated drywall (release, full guidance). CPSC had also recently released new lab test results showing high sulfur emissions from certain drywall samples. The agencies conclude: Based on scientific study of the problem to […]

Holly Doremus | April 1, 2010

EPA Drops the Hammer on Mountaintop Removal

Cross-posted from Legal Planet. Last week, I reported on EPA’s proposed veto of a Clean Water Act section 404 permit for a major mountaintop removal coal mining project in West Virginia. My view at the time was something along the lines of two-and-a-half cheers. I wrote that it was very good news, but didn’t articulate […]

William Buzbee | April 1, 2010

Climate Legislation Federalism Choices: Reflections After Murkowski, Brown and in Anticipation of the Forthcoming Kerry-Graham-Lieberman Bill

Federalism battles over state roles under federal climate legislation may have appeared settled, but they are once again under debate. The previous leading bills–the Waxman-Markey bill passed by the House, and the Boxer-Kerry bill passed out of a committee in the Senate–lost momentum several months ago. After several months of legislative inaction, Senators Kerry, Graham, […]

Shana Campbell Jones | March 31, 2010

Big Chicken Plays Chicken Little in Maryland While Assaulting Academic Freedom and Access to Justice in the Meantime

The proverbial poop has hit the fan in Maryland this month after two environmental groups – the Assateague Coastal Trust and the Waterkeeper Alliance – sued Perdue Farms, Inc. and Hudson Farm, a Perdue-contract chicken factory farm in Berlin, Maryland, for violating the Clean Water Act. Water sampling from ditches next to Hudson Farm found […]

James Goodwin | March 29, 2010

50 OIRAs? Another State (New Jersey) Drinks the Regulatory Review Kool-Aid

It’s official: Centralized regulatory review is trickling down to the states. Last month, in one of his very first actions as the newly elected Governor of New Jersey, Chris Christie issued a pair of sweeping executive orders (no. 1 and no. 2) mandating centralized review of all state agency regulations to ensure that they are […]