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On April 10, the Maryland General Assembly passed the Private Well Safety Act (HB 11/SB 483) before it wrapped up the 2023 legislative session at midnight (Happy Sine Die!). With its passage, the Private Well Safety Act will provide roughly 830,000 Marylanders who get their drinking water from a private well with the necessary resources and information to monitor and safeguard their household drinking water and ultimately protect their and their family’s health.

EPA proposed new regulations last week to reduce the water pollution impacts of coal-fired power plants. As EPA regulations go, these count as fairly minor. They got a bit of news coverage in coal country and industry publications. But they will eliminate the discharge of thousands of tons of pollutants, including a lot of metals that pose health problems. The rulemaking illustrates the highly technical nature of regulations and the lawless nature of Trump’s EPA. It also gives some clues about where the Biden administration may be headed in the way it approaches regulatory decisions.

The Delaware River Basin is a vital ecosystem that provides drinking water for millions of people and supports diverse wildlife, recreation, and agriculture in Pennsylvania, New York, and New Jersey. Unfortunately, industrial activities in the basin contaminate the water with toxic pollutants, leading to a variety of negative impacts on human health and the environment and endangering industrial workers.

Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule.

Everyone should have a fair chance to live the healthiest life possible, but that’s not always the case for many of our communities. That's particularly true of overburdened communities that bear the brunt of pollution and toxic chemical exposures. But help may be on the way in Maryland in the form of the Climate, Labor, and Environmental Equity Act of 2023, and I testified in strong support of the bill on February 23.

February started with news that's all too familiar in the United States: An incident involving highly toxic industrial chemicals sparked a large fire, threatening an explosion, forcing evacuations, and putting workers and community members directly in harm's way. In this case, the danger came from a derailed train in Ohio that was hauling cancer-causing vinyl chloride, used to make certain types of plastic; toxic phosgene, an industrial chemical that was also used as a chemical weapon in World War I; and other substances. But extreme, acute threats like the Ohio derailment aren't the only toxic chemical dangers facing workers and surrounding communities.

On February 8, conservatives in the U.S. House of Representatives began their assault on the Clean Water Act with a hearing aimed at attacking the Biden administration’s rule to more clearly define the law's scope of protections. Center for Progressive Reform Member Scholar Dave Owen, a law professor at the University of California College of the Law in San Francisco, was the only witness invited to fend off these dangerous attacks.

The U.S. Environmental Protection Agency (EPA) and its environmental regulatory state partners have engaged in many important successful efforts to foster compliance with regulatory obligations through enforcement actions and otherwise. But in her new book, Next Generation Compliance: Environmental Regulation in the Modern Era, Cynthia Giles documents widespread and significant noncompliance with these obligations.

There are U.S. Supreme Court cases going back a century or more dealing with what we would now consider environmental issues, such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smoky cities as embodiments of the same problem, despite their striking physical differences? And when did it start thinking of “wilderness” as a good thing rather than a failure to use available resources?