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Yee Huang | October 8, 2009

All Beaks Turned to the Illinois River: Oklahoma Poultry Case Begins

On September 24, arguments began in Oklahoma v. Tyson, a 2005 lawsuit filed by the Oklahoma Attorney General against poultry companies operating in the Illinois River Basin. The lawsuit alleges violations of federal environmental laws, state and federal public nuisance law, and state statutes regulating pollution of waterways. Oklahoma’s legal strategy is unique: the state […]

Nina Mendelson | October 7, 2009

Holding Government and Emitters Accountable Under Boxer-Kerry

This post is the fifth in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30. To expand a bit on some of what Bill Buzbee discussed in his excellent analysis of the Boxer-Kerry bill on CPRBlog, it is critical to ensure that the […]

Alejandro Camacho | October 7, 2009

Boxer-Kerry Centralizes Procedures for Adaptation But Lacks Substantive Guidance

This post is the sixth in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30. Though the Boxer-Kerry bill’s take on climate change adaptation is similar to the approach adopted by the House of Representatives through the American Clean Energy and Security Act […]

Sidney A. Shapiro | October 6, 2009

‘Sound Science’ Attack on OSHA Nominee David Michaels Is Drenched in Irony

How’s this for any irony? David Michaels, President Obama’s nominee to head the Occupational Safety and Health Administration (OSHA), has written a book, published by Oxford University press, documenting how industry manufactures doubts that chemicals harm people by accusing regulators and plaintiff lawyers of relying of “junk science” instead of “sound science.” Now, after Michaels has exposed […]

Alexandra Klass | October 5, 2009

Boxer-Kerry: Carbon Capture and Sequestration Provisions Are About Right

This post is the third in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30. The Boxer-Kerry bill, like the Waxman-Markey bill that passed the House, provides for funding, study, and emissions allowances for Carbon Capture and Sequestration (CCS). In terms of developing a […]

William Buzbee | October 5, 2009

Boxer-Kerry: Measures to Address Error and Illegality

This post is the fourth in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30 The Boxer-Kerry bill released on September 30, 2009 is yet another massive piece of proposed legislation. And it is likely to get even larger as details are added regarding […]

Holly Doremus | October 2, 2009

Mountaintop Removal Review Moves to Next Stage

(Cross-posted by permission from LegalPlanet) EPA finished September with a flourish. In addition to proposing New Source Review rules for greenhouse gas emissions and pushing for TSCA reform, the agency took the next step toward a crack-down on mountaintop removal. On September 11, EPA announced preliminary plans to review all 79 pending permit applications. This […]

Alice Kaswan | October 1, 2009

Boxer-Kerry: Integrating Regulation and Cap-and-Trade

This post is the second in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30. Wednesday was a big day for advocates of traditional regulation. While the Waxman-Markey bill proposed exempting greenhouse gases (GHGs) from key Clean Air Act (CAA) provisions, the Boxer-Kerry bill […]

Yee Huang | September 30, 2009

Reasonably Assured? The Chesapeake Bay and Reasonable Assurances

This post is part of CPR’s ongoing analysis of the draft reports on protecting and restoring the Chesapeake Bay. See Shana Jones’ earlier “EPA’s Chesapeake Bay Reports: A First Look“ One of the continuing obstacles to cleaning up the nation’s waterways, including the Chesapeake Bay, is the pollution caused by non-point sources (NPS). In the […]