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Last week, members of the American Federation of Government Employees (AFGE) union at EPA released an internal Agency memo describing the Agency’s proposed plan to cut back on specific areas of enforcement in response to looming budget cuts in FY 2013.  The memo, by Larry Starfield, EPA’s Deputy Assistant Administrator in the Office of Enforcement […]

Earlier this week, the U.S. Supreme Court handed down its much-anticipated decision in Sackett v. Environmental Protection Agency. In a unanimous decision–key features of which are summarized in a thoughtful post by Nina Mendelson–the Court held that the plaintiff landowner had a right to challenge the Clean Water Act administrative compliance order (ACO) which EPA […]

Two of my CPR Member Scholar colleagues, Nina Mendelson and Holly Doremus have done a first-rate job of previewing and analyzing the oral argument in Sackett v. EPA – a case now awaiting decision by the U.S. Supreme Court. I fully share Professor Doremus’s hope that, even if the case results in a loss for […]

The past year has certainly had disappointments for people who care about protecting the environment. A major international conference on global climate change yielded no sweeping agreement to reduce greenhouse gases. The United States Senate declined to pass comprehensive climate change legislation, and residents of Louisiana and other states bordering the Gulf of Mexico suffered […]

The recent horrific events in the Gulf of Mexico have presented immense challenges to the Obama administration and many of the federal career officials who are responsible for regulating the safety of offshore oil extraction and responding to spills like the one that continues to gush from the remains of the Deepwater Horizon oil rig […]

As it nears the close of its first year in office, the Obama Administration has thus far failed to name half of the regional administrators for its ten regional offices of the U.S. Environmental Protection Agency (EPA); and it was only on November 5th that it named those five officials. The reason for the lengthy […]

In a memo sent to EPA’s Office of Enforcement and Compliance Assurance on July 2nd, Lisa Jackson, the Agency’s Administrator, observed that “the level of significant non-compliance with Clean Water Act permitting requirements is unacceptably high and the level of enforcement activity is unacceptably low.” She directed Agency officials to develop a new plan for […]