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Daniel Farber | April 2, 2018

Climate Change in the Courts

There are three important climate lawsuits pending in federal court. Here’s the state of play and what to expect next. In the first case, Oakland and San Francisco sued leading oil companies. They claim that the companies’ production and sale of fossil fuels is a public nuisance under California state law. They seek an abatement […]

Joel Eisen | March 30, 2018

Coal and Nuclear Plant Bailout Would Be Unjustified Use of DOE’s Emergency Authority

It's no secret that the Trump administration and coal companies have drawn a bullseye on reversing coal's declining fortunes in wholesale electricity markets, where competition and inexpensive natural gas have driven coal's market share down from 50 percent in 1990 to about 30 percent today. Feeling bullish about their prospects in a sympathetic administration, owners […]

Evan Isaacson | March 29, 2018

What Happens on the Land Happens to the Water

This post is part of an ongoing series on the midpoint assessment and long-term goals of the Chesapeake Bay cleanup effort. In my last post, I described how a database housed by the Maryland Department of the Environment allows tracking of land development activities in real time. This database not only gives us the ability to track […]

| March 28, 2018

What the Failure to Account for Growth Looks Like in Maryland

This post is part of an ongoing series on the midpoint assessment and long-term goals of the Chesapeake Bay cleanup effort. In a recent post, I described the broad failure of Chesapeake Bay states to follow EPA’s basic expectations to account for pollution growth under the restoration framework known as the Bay TMDL. This failure is one […]

Evan Isaacson | March 21, 2018

Holding the Line on New Pollution While We Clean Up the Chesapeake Bay

This post is part of an ongoing series on the midpoint assessment and long-term goals of the Chesapeake Bay cleanup effort.  A few weeks ago, I discussed why the periodic written "expectations" from the Environmental Protection Agency (EPA) are critically important to the Chesapeake Bay's restoration. These expectations communicate to the state and federal partners […]

David Flores | March 19, 2018

Threat from Climate-Induced Spills Goes Beyond Superfund and Toxic Release Inventory Sites

This post is the first in a forthcoming series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities in Virginia. At the tail end of winter, a succession of “bomb cyclones” and nor’easters has brought fierce winds and surging coastal flooding to the mid-Atlantic and Northeast. These storms remind […]

Laurie Ristino | March 13, 2018

Kneecapping CERCLA Won’t Get Rid of Air Pollution from Ag

Who doesn’t want to breathe clean air? Unfortunately, a “bipartisan” bill now working its way through the Senate would undermine our ability to address a growing source of air pollution – livestock operations. The so-called Fair Agriculture Reporting Method Act (S. 2421), or the “FARM Act,” would amend the Comprehensive Environmental Response, Compensation, and Liability […]

Evan Isaacson | March 1, 2018

EPA Isn’t the Only Place Where Enforcement Is Being Put on Ice

Recently, the Environmental Integrity Project released a report highlighting the freeze that Administrator Scott Pruitt has placed on the enforcement of the nation's environmental laws. The headline figures are stunning: "Civil Cases for Pollution Violations Decline by 44 Percent and Penalties Down by 49 Percent." And these numbers may understate the situation, as former EPA […]

David Flores | February 28, 2018

If Chesapeake Bay Jurisdictions Are Serious About Restoration, They Must Take Climate Change into Account

At a workshop on Friday, March 2, representatives of the Chesapeake Bay jurisdictions will meet in Baltimore to make important final decisions about how to address pollution – previously accounted for – from the Conowingo Dam and climate change. Decisions these representatives make about how to address pollution loads through the Chesapeake Bay Total Maximum […]