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With the midterm elections switching control of the House to the Democrats, there will also be changes in the leadership of House committees in January 2019. The Committee on Energy and Commerce typically takes the lead on environmental issues in the House, and it is expected that the committee’s current Ranking Member, Democrat Frank Pallone […]
The EPA’s Strengthening Transparency in Regulatory Science proposal occupies a mere 7 pages in the Federal Register (April 30, 2018), and yet, among scientists, human health and environmental groups, and certain industry organizations, the proposal has been the subject of intense discussion. Congress has also been weighing in on the merits of the proposal.
The EPA’s enforcement of violations of environmental laws and regulations at federal facilities is a complicated business that has been addressed by the U.S. Supreme Court (Ohio v. United States Department of Energy, 1992, which affirmed federal facility sovereign immunity with respect to the Resource Conservation and Recovery Act (RCRA)), presidential Executive Orders, and by […]
The EPA and the Tennessee Department of Environment and Conservation (TDEC) are investigating thousands of barrels, apparently stored out in the open and containing chemicals, on a Rocky Top property.
Last week, the EPA issued a news release that purported to fact-check a CNN article regarding an August 31, 2018, EPA memo regarding cross-state air pollution. The memo indicated that a state’s 1-part-per-billion (ppb) contribution threshold to ozone pollution in downwind states may be appropriate in state implementation plan (SIP) that states must develop to […]
The EPA is proposing to extend an existing reporting exemption under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to release notification rules under the Emergency Planning and Community Right-to-Know Act (EPCRA). The CERCLA extension applies to air emissions from animal waste at farms.
The 60-day public comment period for the federal government’s proposal to amend vehicle fuel economy and greenhouse gas (GHG) tailpipe standards concluded with opposing views submitted by several members of industry. The proposed amendments were jointly issued by the National Highway Traffic Safety Administration (NHTSA) (Corporate Average Fuel Economy [CAFE] standards) and the EPA (GHG […]
Drinking water and wastewater infrastructure projects are beginning to receive loans under the federal government’s 2014 Water Infrastructure Finance and Innovation Act (WIFIA), and we can expect to see additional lending in the coming year. We describe here the background and composition of WIFIA and which types of proposals appear to be receiving interest from […]
In a final rule published in the early fall (September 28, 2018, (Federal Register (FR)), the U.S. Bureau of Land Management (BLM) withdrew or revised many provisions of the previous administration’s regulations to reduce waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore federal and Indian […]
Multiple news media have reported—and a statement by Agriculture Secretary Sonny Perdue made it semi-official—that President Donald Trump has directed the EPA to begin rulemaking to allow year-round sales of gasoline with 15 percent ethanol (E15).