In these times of much woe, it’s always noteworthy when the mainstream media reports good news. Especially when it’s good news about effective international cooperation on environmental protection issues....more
EPA has finally proposed revisions to the national ambient air quality standard for PM2.5. The Administrator is proposing to lower the standard from 12.0 ug/m3 to a range of 9.0 to 10.0 ug/m3....more
After more than a year of work, MassDEP has proposed regulations that would require applicants to perform cumulative impact analysis prior to issuance of certain air emissions permits. The regulations were required by the...more
Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting, allowing the rule to be as...more
The International Energy Agency has released its 2022 Coal analysis and forecast. It is sobering. By the time 2022 is over, world-wide coal consumption will have exceeded 8 billons tonnes for the first time. In other words,...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
Environment and Energy Report (subscription required) had a story today about growing opposition to EPA’s proposal to list two PFAS compounds, PFOA and PFOS, as hazardous substances under CERCLA. Here’s what really caught my...more
Earlier this Month, The Boston Foundation released its “Inaugural Boston Climate Progress Report.” Suffice it to say, there’s a lot to do. The Report identifies four “Big Lifts” necessary to attaining our climate goals. It...more
I’ve written before about the developing science regarding the impacts of PM2.5 emissions. Short version – they’re bad for you. They’re even worse than we thought, and there’s increasing evidence that they cause a lot of...more
As frequent readers know, I am a big fan of cost-benefit analysis. The basic idea is that, when we make a decision to regulate at a certain level, we are by definition deciding that regulating to that level is “worth” the...more
The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the Clean Water Act. I have stayed...more
I’ve written previously about the urgency associated with the problems caused by waste plastic. However, there’s a big difference between me blogging about it and Michael Bloomberg opening his wallet to try to do something...more
Earlier this week, the Senate ratified the Kigali Amendment to the Montreal Protocol. The amendment, which has already been ratified by most other countries, will result in the phase-out of hydrofluorocarbons, a group of...more
Tucked away in the recesses of the Inflation Reduction Act is a provision that reminds everyone why they love Superfund so much. On its face, it’s simply an incentive for renewable energy development, giving an adder to the...more
9/1/2022
/ Brownfield Properties ,
CERCLA ,
Clean Energy ,
Energy Projects ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
New Legislation ,
Renewable Energy ,
Settlement ,
Superfund ,
Toxic Substances Control Act (TSCA)
EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA. EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more
On Friday, I posted about a decision invalidating BLM Resource Manage Plans for failure to comply with NEPA. My caption was “NEPA Is Still Going to Pose an Obstacle to Leasing Public Lands for Fossil Fuel Extraction.”...more
Earlier this month, Chief Judge Brian Morris made clear that NEPA remains a powerful weapon against the leasing of public lands for fossil fuel extraction. It’s déjà vu all over again for the projects at issue. In 2018,...more
Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per...more
There has been a reasonable amount of recent activity related to management (or lack thereof) of plastic waste. Two more developments this month have me wondering whether we might be near the proverbial tipping point in our...more
Those wondering what states can do to at least partially ameliorate the impacts of West Virginia v. EPA need look no farther than Massachusetts, which issued its Clean Energy and Climate Plan for 2025 and 2030 the same day...more
This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical...more
Just when we environmental old-timers were just getting used to talk about PFAS concentrations in the low parts per trillion range, EPA has moved us squarely into uncharted territory. EPA has released new, interim, lifetime...more
I’m not much for apocalyptic thinking. I don’t think it’s productive. I have to confess, though, that this story about the Great Salt Lake got me thinking about whether human nature is such that the apocalypse is not that...more
Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more
6/7/2022
/ Chevron Deference ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
FERC ,
Judicial Review ,
NPDES ,
Proposed Rules ,
Regulatory Authority ,
SCOTUS ,
Section 401 ,
Trump Administration ,
Water ,
Water Quality
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar...more