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The EPA’s Epic Animas River Spill
The August 5, 2015 Gold King Mine spill by the EPA created what has to be some of the most epic visuals in environmental history. That this spill was done by the EPA (or its contractor) is probably beyond belief by … Continue reading
Supreme Court puts the brakes on the EPA’s Power Plant MACT rule in Michigan v. EPA
The Clean Air Act that we know today was passed in 1970 during the Nixon administration. Since that time, the EPA has been hard at work passing regulations aimed at cleaning the nation’s air. Its efforts have been extremely successful. … Continue reading
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Wikileaks: Environmental Implications of the TPP
Despite the Administration’s best efforts to keep the details of the Trans-Pacific Partnership secret, Wikileaks obtained and published several sections of the document several months ago. Because it now appears that the TPP will likely get passed into law, it is … Continue reading
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EPA Delays Rules on Clean Power Plan until summer of 2015
The Clean Power Plan proposed by EPA in June of 2014 has now received over four million comments. What is the Clean Power Plan? The EPA’s proposal has two main elements: (1) EPA-imposed state-specific emission rate-based CO 2 goals that each … Continue reading
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EPA Decides Coal Ash is Not a Hazardous Material.
Just before the Holidays the Environmental Protection Agency approved new rules governing the disposition of coal ash. EPA Director McCarthy called the new rules “pragmatic,” which is a bureaucratic code word meaning “I don’t like it, but I’m doing it anyway.” Environmental groups … Continue reading
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Utility Air Regulatory Group v. EPA – Narrowing EPA’s Greenhouse Gas Regulations
On June 23, 2014 the U.S. Supreme Court issued its long-awaited and much anticipated decision in Utility Air Regulatory Group v. EPA. At issue was the legitimacy of the EPA’s “tailoring” Rule which sought to impose regulations on greenhouse gas emissions … Continue reading
D.C. Circuit Rules That EPA Cannot Defer Carbon Dioxide Limits For Ethanol Plants
On July 12, 2013 the United States Court of Appeals for the D.C. Circuit issued an opinion in the case entitled Center for Biological Diversity v. EPA, 722 F.3d 401 (C.A.D.C. 2013). In 2011 the EPA issued regulations deferring CO2 … Continue reading
Final 2012 CERCLA Update
Two recent developments will likely change the face of CERCLA liability as the year draws to a close. First, the EPA issued its new bona fide prospective purchaser (“BFPP”) guidance for tenants on December 5, 2012. The BFPP definition in … Continue reading
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Speculation over what environmental initiatives the Obama Administration may propose during the next thirty days
With the election over, speculation is rising as to whether the Administration will use the lame duck session and the fractious fiscal cliff negotiations to seize the opportunity to rush through a number of environmental changes. Current speculation includes: 1. … Continue reading
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EPA denies it is using drones to spy on Midwestern Farmers
Somehow a story broke today that the EPA is using drones to monitor Midwestern cattle farmers. It seems that Congressman Latham sent a letter to the EPA Administrator Lisa Jackson stating that “If these reports are accurate, EPA has conducted … Continue reading
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