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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 […]
The growing severity of flooding, storm surge, and wildfires brought on by climate change increases the risk that these events will spread contamination from Superfund sites and damage remedies put in place to control those risks. In a new report, the U.S. Government Accountability Office (GAO) says that 60% (945 of 1,571) of all nonfederal […]
The EPA has issued a policy memo largely to accommodate industry concerns about the rigidity of the Clean Air Act’s (CAA) New Source Review (NSR) program, as it has been implemented by the Agency, as well as states with CAA permitting authority.
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 […]
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 […]
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 […]
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 […]
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. […]
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.
Seventeen states, the District of Columbia, and seven of the nation’s top environmental groups petitioned the U.S. Court of Appeals for the D.C. Circuit to review the legality of the Trump EPA’s decision to withdraw the Obama EPA’s January 2017 determination that the Agency’s 2012 greenhouse gas (GHG) emissions standards for model year (MY) 2022–2025 […]