|
|
Under CAA Section 165(c) the EPA Administrator is directed to issue or deny PSD permits "not later than one year after …filing of such completed application." The EPA found this statutory time line to be ambiguous and created a 2-3 year administrative appeal process that would precede final issuance or denial. See More...
|
With the tussle between the federal government and the State of Texas over regulation of greenhouse gases growing ever more intense, it was interesting to see the government side with industry in Electric Power Co., Inc. v. Connecticut, No. 10-174. In American Electric, a group of states, private land trusts, and New York City sued five major electric utilities, which plaintiffs claimed are the largest emitters of greenhouse gases in the United States, contributing to global warming and threatening catastrophic change in the earth’s climate. Plaintiffs, suing under federal common nuisance law, sought injunctive relief to cap and reduce defendants’ greenhouse gas emissions. The district court dismissed the plaintiffs’ claims, finding that the case raises political questions that leave the courts without jurisdiction. See More...
|
EPA appears to be reaffirming its national enforcement initiative to prevent “animal waste from contaminating surface and ground waters,” despite the setback it suffered in the recent National Pork Producers Council v. U.S. Environmental Protection Agency case. In National Pork, the 5th Circuit, sitting as the MDL-designated court, vacated portions of the EPA’s 2008 concentrated animal feedings operations (CAFOs) rules.
See More...
|
|
|
|
|
|
|