Category: Special Topics in Environmental Management

Paper Factory

EPA Denies Petition to Reconsider Pulp Mill Emissions

On July 9, 2018, his first day as Acting EPA Administrator, Andrew Wheeler denied a petition to reconsider the Agency’s residual risk and technology review (RTR) of its 2001 National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semi-Chemical Pulp Mills (October 11, 2107, Federal […]

Industry Struck Out on NESHAP Petitions

Industry struck out swinging on all five parts of its petitions to the U.S. Court of Appeals for the D.C. Circuit to invalidate requirements in the EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Brick and Structural Clay Products Manufacturing; and the NESHAP for Clay Ceramics Manufacturing (October 26, 2015, Federal Register (FR)). […]

United States Supreme Court Building

On Environmental Regulation and Policy, Kavanaugh No Fan of Executive Branch Power Grabs

In his 12 years as a justice on the U.S. Court of Appeals for the D.C. Circuit, Brett Kavanaugh has been a prolific author, writing nearly 300 opinions, including a handful addressing the legality of major EPA regulations. These writings have generally indicated Kavanaugh’s skepticism about EPA actions that do not strictly adhere to the […]

The EHS Decisions of Brett Kavanaugh

Brett Kavanaugh has been announced as President Donald Trump’s choice to replace Anthony Kennedy on the bench of the U.S. Supreme Court. Here’s a brief summary of the judicial nominee’s decisions, rulings, and court opinions on various EHS-related cases in recent years on the D.C. Circuit.

Additional Good Neighbor Requirements Unnecessary, Says EPA

Based on “additional information and analysis,” the EPA is proposing to determine that its Cross-State Air Pollution Rule (CSAPR) Update for the 2008 ozone National Ambient Air Quality Standards (NAAQS) (October 26, 2016, Federal Register (FR)) satisfies the Agency’s obligation to issue federal implementation plans (FIPs) for 20 states to address air pollution from those […]

EPA Offices, Washington DC

Scott Pruitt Leaves with Work Unfinished

On July 5, in a tweet, President Trump accepted the resignation of Scott Pruitt as EPA Administrator. “Within the Agency Scott has done an outstanding job, and I will always be thankful to him for this,” stated Trump. The president added that on Monday, Deputy Administrator Andrew Wheeler will step in as Acting EPA Administrator.

In Groundwater Debate, Stakeholders Take Sides

In February 2018, the EPA requested public comment on whether the Agency should continue to abide by its “previous statements” regarding whether point source pollutant discharges to groundwater are subject to regulation under the Clean Water Act (CWA) if the groundwater has a hydrologic connection to Waters of the United States (WOTUS) or waters that […]

Dredger

Rewrite of EPA Veto Authority Ordered by Pruitt

In a memo, EPA Administrator Scott Pruitt has informed his regional administrators that he has directed the Office of Water to begin rulemaking to curtail the Agency’s regulations for implementing Section 404(c) of the Clean Water Act. Pruitt states that the proposal should, at a minimum, seek to eliminate the EPA 404(c) authority to prohibit […]