Category: Special Topics in Environmental Management

Democratic Platform: Environment and Energy Policies

Conspicuous by its absence in the 2016 Democratic platform (platform) is any mention of EPA’s Clean Water Rule (CWR). Currently being challenged in federal courts, the Agency and Army Corps of Engineers’ definition of waters of the United States (WOTUS) has thoroughly alienated the nation’s farmers, and apparently the Democratic National Committee does not view […]

Environment and Energy in the Republican Platform

Party platforms tend to attract much attention when they are released in advance of national conventions and then diminish in value and sometimes drop out of the picture entirely as the candidates for the White House and other offices express their personal visions of how government should be operated. The writing of platforms is conducted […]

EPA on Flight Path to Limit Aircraft GHGs

The EPA has issued a final rule that finds that greenhouse gas (GHG) emissions from aircraft contribute to air pollution that may reasonably be anticipated to endanger public health and the welfare of future generations. Having made that determination, the EPA is now obligated by the Clean Air Act (CAA) to propose and issue final […]

EPA Finds Extensive Corrosion in Diesel USTs

Corrosion of underground steel tanks containing diesel fuel is possibly occurring at a high rate, according to a study released by EPA’s Office of Underground Storage Tanks (OUST). While the study is limited—covering only 42 “diverse” UST systems nationwide—and also makes use of anecdotal reports from UST operators, the OUST found a remarkably high percentage […]

Revised Rules for Gas Emissions from MSW Landfills

The EPA has simultaneously issued new rules governing gas emissions from both existing and new, modified, or reconstructed municipal solid waste (MSW) landfills. Gas emitted by MSW landfills comprises methane, carbon dioxide (CO2), and nonmethane organic compounds (NMOCs). Both final rules define affected MSW landfills as those with design capacities of 2.5 million metric tons […]

House Passes Bill that Would Disallow Chevron Deference

House Republicans have had enough of the Chevron Deference—a 30-year-old doctrine that gives U.S. executive branch agencies considerable latitude to take “reasonable” regulatory actions that have an ambiguous foundation in U.S. law. In a July 12, 2016 vote, the House passed the Separation of Powers Restoration Act of 2016 (H.R. 4768). The bill would amend […]

What are the Pros and Cons of Low-Impact Development?

Thinking about trading impermeable parking lot pavement for green space with planters or bioswales? Low-impact development (LID) can be a lucrative option for new development, urban retrofitting, and redevelopment projects wanting to invest in LID as a stormwater management tool. Sure, saving money while simultaneously managing stormwater sounds ideal, but is it?

What is Considered Oil?

Q. What is considered “oil?” I have had some conversations with the EPA that the Coast Guard’s list of regulated oils is broad, including automotive gas, hexane, mineral spirits, jet fuel, etc.

Emergency Exemption Issued for Stationary Engines

Under a new federal rule effective September 6, 2016, owners and operators of stationary diesel engines—formally compression ignition internal combustion engines (CI ICEs)—may, in an emergency, temporarily override systems in those engines intended to force the use of emissions control devices.

Initial Penalty Settlement for VW

Volkswagen AG (VW) has agreed with the EPA, the state of California, and the U.S. Federal Trade Commission (FTC) to an initial penalty settlement for alleged violations of federal and state laws following disclosures that the company installed emissions defeat devices in nearly 500,000 2.0-liter diesel vehicles sold in the United States between 2009 and […]