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Showing 2,912 results

David Driesen | September 17, 2009

Administrative Delay in Implementing a Cap-and-Trade Program: A Compelling Reason to Auction All Allowances

Cap-and-trade legislation making its way through Congress has become enormously complex, embodying a host of arcane political deals governing the distribution of the vast majority of emissions allowances being given away for free, with crucial details being left to EPA. This complexity threatens to hinder the effort to address climate disruption (see my article Capping […]

Daniel Farber | September 16, 2009

It’s Déjà Vu All Over Again

Cross-posted from Legal Planet. Since opponents can’t seem to come up with any new arguments against climate change legislation, they seem determined to recycle the old, discredited ones. Here’s Tuesday’s example, straight from the GOP press release: Rep. Jim Sensenbrenner, R-Wis., and Rep. Darrell Issa, R-Calif, today urged the Environmental Protection Agency to include several […]

William Andreen | September 16, 2009

One More Point on the N.Y. Times Water Article — the Problem of Nonpoint Source Pollution

Sunday’s New York Times article about the neglect of our clean water laws included a shocking example of how a regulatory gap in the Clean Water Act can harm public health. For example, the article referred to water supplies in parts of the Farm Belt that are contaminated by dangerous levels of pesticides, which originate […]

William Andreen | September 15, 2009

N.Y. Times Article on Water Pollution: A Timely Reminder of the Role of Enforcement

Sunday’s New York Times article about the neglect of our clean water laws came as a timely reminder that, no matter how well articulated our environmental laws may be, it takes consistent, vigorous enforcement to ensure compliance with these statutory regimes. Unfortunately, as the article illustrates, state and federal enforcement of the Clean Water Act […]

Matt Shudtz | September 14, 2009

New Research on Radioactive Granite, and OSHA’s Response

Granite, like most natural stones, contains radioactive material. While this isn’t much of a concern for a person who spends a few hours in a kitchen with granite countertops every day, new research by David Bernhardt, Linda Kincaid, and Al Gerhart suggests that the workers who fabricate those countertops might have reason to worry. When […]

Kirsten Engel | September 11, 2009

States Go to Bat for Improving Climate Change Legislation

Five State Attorneys General sent a letter to the Senate leadership on August 31st urging the Senate to enact strong climate legislation. The AGs letter is unusual in that states directly lobbying Congress on the details of federal legislation is a fairly infrequent phenomenon in and of itself. The AGs from California, Arizona, Connecticut, Delaware, […]

Holly Doremus | September 11, 2009

Mountaintop Removal Update: EPA May Grow a Spine

This item cross-posted by permission from Legal Planet. EPA today announced that it would review 79 pending applications for Clean Water Act section 404 permits for surface coal mining projects in Appalachia (hat tip: Coal Tattoo). This review is good news, and an indication that EPA may be developing a backbone with respect to the […]

Shana Campbell Jones | September 10, 2009

EPA’s Chesapeake Bay Reports: A First Look

Today at 12:30pm the Federal Leadership Committee released, pursuant to President Obama’s Chesapeake Bay Protection and Restoration Executive Order, seven draft reports to improve Bay restoration. Each report is about 50 pages, so there’s a lot of information to take in – from strengthening water quality to strengthening storm water management to assessing the impacts […]

Yee Huang | September 10, 2009

EWG: Mandatory Controls on Agriculture Needed to Restore Chesapeake Bay

On Tuesday the Environmental Working Group (EWG) released a report on the status of state and federal agriculture policies for five Chesapeake Bay watershed states: Delaware, Maryland, Pennsylvania, New York, and Virginia.  The report focuses on agriculture policies that impact water quality and highlights a gaping hole in the regulation of animal-based operations. Past and […]