Last Thursday, the Federal Court in Lake Charles, Louisiana, issued a judgment that may have far reaching implications for environmental justice across the United States. … Continue Reading
In a decision that will rein in agency power across the federal government, the U.S. Supreme Court ruled today that Congress did not clearly authorize the EPA to adopt broad rules to reduce greenhouse gas emissions from electric utility power plants. Specifically, the high court held, “Congress did not grant EPA in Section 111(d) of … Continue Reading
The Environmental Protection Agency’s has released the results of its 2020 enforcement and compliance efforts and those results offer significant insight that business can benefit from. In the first 5 months of fiscal year 2020, EPA was on track to significantly exceed traditional numeric metrics in many categories with more compliance monitoring activities in the … Continue Reading
Last Wednesday the Environmental Protection Agency proposed greenhouse gas emissions standards for airplanes used in commercial aviation and large business jets. “This standard is the first time the U.S. has ever proposed regulating greenhouse gas emissions from aircraft,” according to EPA Administrator Andrew Wheeler. And as much as I have railed against more and regressive environmental … Continue Reading
Last week the Environmental Protection Agency and U.S. Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.” But, the 2015 Rule will now not be applicable until two years following publication of the applicability date rule in the Federal Register … Continue Reading
“The days of regulation through litigation are over,” according to EPA Administrator Scott Pruitt. In fulfilling his promise to end the practice of regulation through litigation that has harmed the American public, the EPA Administrator issued an agency wide directive on October 16, 2017 designed to end “sue and settle” practices within the Agency, restoring … Continue Reading
Superfund is broken. “[W]e all know it doesn’t work — the Superfund has been a disaster,” said President Clinton. President Bush described the need for a program overhaul. President Obama acknowledged the 37 year old federal program’s flaws while seeking more funding. And now under President Trump there is action to clean up the Superfund … Continue Reading
Attorney General Jeff Sessions issued a memo on June 5, 2017 to all Department of Justice components and 94 U.S. Attorney’s Offices prohibiting them from entering into any agreement in settlement of federal claims or charges that directs or provides for a settlement payment to non-governmental, third parties that were not directly harmed by the … Continue Reading
It has been over 40 years since the Cuyahoga River caught fire and spurred the 1972 passage of the Clean Water Act. ... efforts to use the CWA to 'clarify' a definition of navigable water from the 1899 Rivers and Harbors Act does not serve the potable water issues that the nation faces today. ... The new rule is proposed to be effective 60 days after Federal Register publication.… Continue Reading
Against a backdrop in early 2014 where by many measures environmental progress in business appears to have plateaued, Environmental Product Declarations are among the hottest topics in sustainability.… Continue Reading
In a Final Rule issued this past Monday, EPA is recognizing the newly issued ASTM E1527-13 Phase I Environmental Site Assessment Standard as compliant with the All Appropriate Inquiries Rule and is planning to withdraw the Phase I Standard in use since 2006..… Continue Reading
EPA has withdrawn the new ASTM E1527-13 Phase I Environmental Site Assessment Process as satisfying the requirements for conducting all appropriate inquiries.… Continue Reading
I have previously written about informal complaints regarding the Environmental Protection Agency (EPA) and Department of Energy’s (DOE) Energy Star Program for appliances. Based on recent findings of a Government Accountability Office report, it seems much larger systemic problems exist within the Program: "In a nine-month study, four fictitious companies invented by the accountability office … Continue Reading
On December 7, the Environmental Protection Agency (EPA) issued a finding that greenhouse gas emissions pose a danger to human health and environment. The finding sets the stage to allow the EPA to regulate these emissions. What impact will this endangerment finding have on the green building industry? In my view, the endangerment finding … Continue Reading