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Tag Archive 'EPA'

Chevron Step II with Teeth

This is a post for Ad-law geeks. The Pace Environmental Litigation Clinic just won its case challenging the EPA Water Transfer Rule on behalf of Trout Unlimited, Waterkeeper Alliance and Hudson Riverkeeper. The Clinic has been representing Trout Unlimited on this issue for well over a decade, since 2000 when the Clinic commenced litigation seeking […]

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On June 26, the D.C. Circuit issued its opinion in Coalition for Responsible Regulation, Inc. v. EPA, which upheld EPA’s regulations of greenhouse gases (GHGs) as pollutants.  Many insurance companies believe that this ruling will aid them in defending against potential climate change lawsuits – acknowledging GHGs as pollutants strengthens the argument that related claims […]

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Sacketts 9, EPA 0, GE 0

The Sackett decision is out.  Not surprisingly, the Supreme Court voted 9-0 to hold that EPA’s order directing the Sacketts to remove fill material from a disputed wetlands area was final, ripe, and immediately reviewable under the Administrative Procedure Act.  Justice Scalia wrote the relatively short opinion, which focused entirely on the finality question under […]

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This week, a DC Circuit panel held two days of oral argument on the multitude of challenges to EPA’s December 2009 Greenhouse Gas Endangerment Finding and the “Tailoring Rule.”  Very few reports of the argument seem to have made it into the mainstream press, but Bloomberg has a report here, and the Wall Street Journal […]

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On February 21st, the Supreme Court in New York found that local governments are empowered to regulate hydrofracking under their delegated zoning and land use authority, despite preemptive language in the state’s Oil, Gas and Solution Mining Law (“OGSML”).  To fully understand the importance of this holding, some context is helpful.

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Energy and Environment News this week reported on a letter from the GOP congressional leadership urging EPA to scrap its proposed Waters of the United States guidance document, noticed for public comment last May.  No surprises there.  The proposed guidance takes the view that the scope of jurisdictional waters of the United States (and wetlands) […]

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Three years ago, the rupture of a coal ash pond in Kingston, Tennessee sent 5.4 million cubic yards of a toxic slurry into neighborhoods and the Emory River.  That spill focused attention on EPA’s persistent failure to come up with regulations governing disposal of coal ash waste, which EPA exempted from regulation as hazardous waste […]

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by John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation – and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved Connecticut v. AEP and the U.S. Supreme Court. This […]

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by Karl Coplan The New York Times has an interesting article today about how EPA and other federal agencies have quietly increased the dollar value assigned to a human life, to be used for regulatory impact and cost-benefit analysis. According to the Times: The Environmental Protection Agency set the value of a life at $9.1 […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School On January 10, 2011, the American Farm Bureau Federation (“AFBF”) sued the EPA in the U.S. District Court for the Middle District of Pennsylvania alleging that the agency’s promulgation last month of a total maximum daily load […]

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