1) EPA Delays Climate Change Rules for Second Time The Obama administration will delay issuing its politically explosive climate-change rules for the second time. The Environmental Protection Agency had said it would issue the rules, which would require power plants to slash their greenhouse-gas emissions, by Sept. 30. Source: National Journal, 2011-09-15 2) Obama Open to Lawsuit Over Bush-Era Smog Rules Now that it has scrapped a plan to further tighten the smog limits set by U.S. EPA under President George W. Bush, the Obama administration has told a federal court that it has no problem with reopening the litigation… Read more
Environmental and Sustainability Law
DOE Awards $145m to Solar Projects
As part of its “SunShot Initiative,” the U.S. Department of Energy (DOE) announced it will award $145 million in grants to 69 solar projects in 24 states to encourage development in domestic solar energy projects. DOE’s SunShot Initiative seeks to reduce the cost of solar energy systems by approximately 75% by 2020, so that the systems are more cost-competitive without long-term subsidies. Grant recipients include the University of South Florida, which received approximately $980,000 for a project to research the doping of thin-film, cadmium-telluride PV cells to increase solar cell efficiency. The Georgia Institute of Technology received more than $4.3… Read more
Secretary of Energy Advisory Board Addresses Fracking Risks
On August 15, the Secretary of Energy Advisory Board (SEAB) approved its draft report addressing risks of hydraulic fracturing in shale gas drilling. The draft report contains a number of recommendations to address potential risks from the use of hydraulic fracturing techniques for natural gas drilling in shale formations, including: formation of an industry-based organization to promote the use of best practices; a manifest system to document all transfers, treatment and disposal of waste waters; promulgation of a federal rule requiring broad public disclosure of all chemicals used in hydraulic fracturing fluid, and a limited shield for trade secrets and… Read more
A recent federal ruling regarding the requirements of the Clean Water Act could affect how states manage water bodies within their jurisdiction.
The case of Anacostia Riverkeeper, Inc. v. EPA was brought by plaintiffs Anacostia Riverkeeper, Inc. and Friends of the Earth, Inc. to challenge U.S. Environmental Protection Agency’s (EPA) approval of a pollution control plan for the Anacostia River pursuant to the Clean Water Act (CWA). Under the CWA, states, including Washington D.C., are required to develop water quality standards for each navigable water body within their jurisdictions. These standards generally consist of expected uses of the water body and criteria defining the maximum level of pollution allowable to protect such uses. Following the implementation of technology-based pollution controls, the CWA… Read more
Our Top 5: The Weekly Round-up, Environmental & Sustainability — August 24, 2011
1) Interior Department Schedules Sale of Offshore Oil Leases Making good on a promise, the Interior Department announced that it had scheduled its first sale of offshore oil leases in the Gulf of Mexico since the Deepwater Horizon disaster last year. But it is changing some of the rules to ensure that leased parcels are actually drilled and not hoarded. (Source: The New York Times, 2011-08-19) 2) EPA Faces Opposition Over Safeguards on Toxic Coal Ash Waste A controversy over regulation of coal ash disposal has reached fever pitch in Illinois, where a group opposing efforts to limit new regulations… Read more
CAFO Reporting Rule Sent to OMB for Review
On August 8, EPA sent a proposed concentrated animal feeding operation (CAFO) reporting rule to OMB for review, in a final step toward formal proposal of and public comment on the rule. The rule was required as part of the settlement of a lawsuit filed by environmental groups, Natural Resources Defense Council v. EPA. The rule would require CAFOs to submit to EPA specified details about their operations, regardless of whether they will be required to apply for a NPDES permit. The rule thus may be at odds with the ruling by the Fifth Circuit Court of Appeals last March… Read more
Our Top 5: The Weekly Round-up, Environmental & Sustainability — August 17, 2011
1) U.S. to Give Out Over $175M for Clean Fuel Tech Research The Obama administration said it will give more than $175 million to car companies and research centers to spur clean auto technology and production of advanced car batteries. “The Department of Energy is investing in new advanced technologies that will significantly improve vehicle fuel economy, save consumers money, and create skilled jobs for Americans,” U.S. Energy Secretary Steven Chu said. (Source: Reuters, 2011-08-10) 2) New Air Quality Rules Could Adversely Affect Energy Supplies As 58 million people across 13 states sweated through the third day of a heat… Read more
Regulatory Changes May Impact Remediation Activities
Two recent regulatory developments related to asbestos and lead paint remediation signal a change in federal regulation and enforcement, which may significantly impact businesses that operate in those spheres. First, following a tip-off from the Illinois Environmental Protection Agency, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued more than $1.2 million in penalties to AMD Industries Inc. in Cicero, Ill. for 19 alleged willful and eight serious violations resulting from removal of asbestos insulating materials from its boilers, heating units and connected piping. OSHA alleges that the company required five workers to remove asbestos containing materials without… Read more
Our Top 5: The Weekly Round-up, Environmental & Sustainability — August 10, 2011
1) EPA Proposal Says Carbon Capture Doesn’t Pose Large Risks The Environmental Protection Agency says injecting carbon dioxide underground doesn’t pose substantial environmental or health risks. The agency is proposing a rule to classify carbon dioxide as a non-hazardous waste and encourage a controversial coal technology. (Source: WFPL, 2011-08-04) 2) Democrats Prepared to Fight House Efforts to Restrict EPA Rules When Congress returns in September from its monthlong recess, House Republicans say they will pick up where they left off in crafting and passing legislation to restrict U.S. EPA’s air quality rules. But Senate Democrats say they expect to have… Read more
Obama Administration Announces New GHG and Fuel Economy Standards
The White House recently announced the next phase in the Administration’s program to increase fuel economy and reduce greenhouse gas pollution for all new cars and trucks sold in the United States. The new standards will cover cars and light trucks for Model Years 2017-2025 and will be designed to ensure that the vehicle fleet achieves an average fuel economy of 54.5 miles per gallon by 2025. Greenhouse gas emissions will be reduced to 163 grams per mile. The new standards are expected to save $1.7 trillion in total fuel costs over the life of the program. Once fully implemented, the… Read more