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Using Subject Matter Jurisdiction to Dump Inconvenient Cases

Successful objections to subject matter jurisdiction can operate like a King’s-X for illegal behavior – a hole in the rule of law. Where there is no subject matter jurisdiction, fairness, truth, and justice become irrelevant....more

MACT Follies

Data is in from EPA’s “work practice” requirement that petroleum refineries monitor ambient air for benzene concentrations around their fence lines. The regulations set an “action level” of 9 µg/m3 benzene, using benzene as a...more

When is risk reduction not a benefit?

EPA filed a status report on October 15 in the slow-moving mercury and air toxics (MATS) litigation, which is now Murray Energy Corp. v. EPA, No. 16-1127 (D.C. Cir., filed April 26, 2016). The case is a challenge to EPA...more

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