Category: Special Topics in Environmental Management

Montana landscape

The Montana Exceptions and a Hazardous Waste Case

In Montana v. United States (1981), the U.S. Supreme Court found that Indian tribes do not have civil or criminal jurisdiction over nontribal members within a reservation. This opinion has proven to be one of the clearest indications that Indian tribes possess no authority over lands they do not own (called non-Indian fee lands), even […]

California Fracking Crackdown Signals Shift in Priorities

In October 2019, California Governor Gavin Newsom signed AB 1057, a bill specifically intended to change the primary mission of the state Division of Oil , Gas, and Geothermal Resources (DOGGR) from increasing production of oil and natural gas (O&G) in the state to ensuring that the regulation of O&G provides protection of public health […]

EPA Headquarters

EPA Looks to Trim Authority of Environmental Appeals Board

With the goal of expediting resolution of objections to permits issued by the EPA under major environmental statutes, the Agency is proposing amendments to regulations governing its Environmental Appeals Board (EAB). Among the seven proposed revisions, the most significant would strengthen the role of the alternative dispute resolution (ADR) program. Other parts of the proposal […]

Simultaneous EPA Proposals Look to Cut Costs for Coal-Fired Power

The Trump administration is relying heavily on its environmental authority to try to reverse the declining role of coal in energy generation. Under both the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), the Agency has the power to regulate how much the coal-fired electricity sector must do and how much […]

Green USA map

Industries in U.S. Say Initiatives Are Making a Difference on Climate Change

Even the most militant environmentalist would have difficulty making the case that U.S. industry has not shrunk its carbon footprint and continues to do so. A recent hearing of the Senate Subcommittee on Clean Air and Nuclear Safety was filled with reliable facts and figures that demonstrate businesses in multiple sectors are acting individually and […]

Superfund site

Exploring EPA’s Superfund Partial Deletion Policy

Partial deletions from Superfund sites on the federal National Priorities List (NPL) have become a significant component of the EPA’s goal of accelerating cleanups of contaminated properties and shortening the path to redevelopment and safe, productive reuse. The EPA has reported that there have been 14 partial deletions from the NPL so far this year. […]

Pesticide application, glyphosate

EPA Proposes Revisions to Pesticide Exclusion Zones

Following discussions with agricultural establishments and State Lead Agencies (SLA), the EPA is proposing amendments to the Application Exclusion Zone (AEZ) requirements of the Agency’s Worker Protection Standard ((WPS), 40 CFR part 170). According to the Agency, the “modest” amendments will improve enforceability for SLAs and reduce regulatory burdens for farmers.