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On March 4, 2021, in a 7–2 decision, the U.S. Supreme Court (SCOTUS) ruled against the Sierra Club, declaring documents related to the EPA’s Cooling Water Intake Structures Rule are exempt from Freedom of Information Act (FOIA) requests. The ruling prevents access to certain draft agency documents used to formulate regulatory requirements.
The Clean Air Act required the EPA to develop NAAQS for six pollutants commonly found throughout the United States. These pollutants, referred to as “criteria pollutants,” are: Sulfur dioxide; Particulate matter (PM-10 and PM-2.5); Carbon monoxide; Ozone; Nitrogen dioxide; and Lead. The EPA established a primary and a secondary NAAQS for each criteria pollutant. The […]
What is a SIP and why is it important in this case? A state implementation plan (SIP) is a plan prepared by each state detailing how the state will attain and maintain compliance with each NAAQS. SIPs contain enforceable emissions limits needed to comply with the CAA and prohibit emissions that would cause or contribute […]
In November 2011, EPA closed public comment on a rule concerning the disposal of coal combustion residuals from electricity-producing facilities, first proposed in 2010. EPA is considering two possible options for the management of coal ash. Under the first proposal, EPA would list these residuals as special wastes subject to regulation under Subtitle C of […]