On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water Act jurisdiction. The particular issue under consideration is whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. In January, the U.S. Solicitor General filed a brief – at the Court’s request – urging the Justices to decide the question ...
EPA enforcement actions as reflected by the amount of assessed civil penalties have dropped substantially during the first two years of the Trump Administration. (Washington Post, January 24). According to an analysis reported there, EPA's civil fines averaged more than $500 million a year when adjusted for inflation during the twenty years prior to the beginning of the Trump Administration. The total for 2018 was approximately 85% below that amount. This continues but expands a trend initiated in 2017 when penalty amounts apparently dropped by half (Reuters, 2/15/2018
On January 3, 2019, the U.S. Solicitor General filed a brief urging the Supreme Court to grant certiorari in County of Maui v. Hawaii Wildlife Fund to decide the question of whether a "discharge of a pollutant occurs when a pollutant is released through a point source, travels through groundwater, and ultimately migrates to navigable waters." The brief suggests review is warranted to resolve the issue conflicting with the Fourth, Sixth, and Ninth Circuits, as well as the "numerous district courts" that have confronted cases involving claims of unpermitted discharges to waters of the ...
On December 27, EPA proposed to revise the cost finding associated with the Mercury and Air Toxics Standards (MATS) along with the risk and technology review required by the Clean Air Act. (EPA Announcement). The action is taken as a result of a 2015 Supreme Court decision, Michigan v. EPA. The case involved EPA's interpretation of a section of the Clean Air Act (42 U.S.C. §7412(n)(1)(A)), which requires the agency to regulate power plants when "appropriate and necessary," The Court held that the agency had interpreted the provision unreasonably when it deemed cost irrelevant to the ...
On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act. According to scotusblog.com, the move could signal an intent "to ensure that the justices could if they decide to grant review, hear oral arguments and decide the cases by the end of the current term." In both cases, County of Maui v. Hawaii Wildlife Fund and Kinder Morgan Energy Partners LP v. Upstate Forever, the petitioners seek review of Ninth and Fourth Circuit ...
The federal government, through the U.S. Global Change Research Program (USGCRP), released the Fourth National Climate Assessment, Volume II, on the Friday following Thanksgiving. (Associated Press). The new report is part of an ongoing effort by the USGCRP, a Congressionally mandated program to coordinate federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society. USGCRP facilitates collaboration and cooperation across its 13 federal member agencies. The latest report can be reviewed ...
The November 6 election will include environmental ballot initiatives as well as issues dividing candidates and the results should provide an interesting aspect of the election.
At the outset it's noteworthy that, on a national level, environmental issues rank down the list of issues that voters consider "very important" behind such things as healthcare, the economy, social security, taxes, and immigration, among others, and a combination of some of these will probably turn the election in most areas. (Pew Research). Nevertheless, environmental issues are significant in ...
A recently published report that studied all 417 U.S. National Parks indicates climate change is having a significant and unique impact on many of them. The study was initially widely reported in the Miami Herald on September 24, and an abstract can be found in the peer-reviewed scientific journal Environmental Research Letters. (Disproportionate Magnitude of Climate Change in United States National Parks). National Park sites appear to be warming and drying out in more pronounced ways due, in part, to the fact that many of them are at higher elevations or are located in the ...
The Trump Administration announced a long-awaited proposal to roll back the Obama-era Clean Power Plan late last month. (Chicago Tribune). The action had been promised by the President and his appointees at EPA, who pursued it despite apparent ironies.
The proposed change was supported by a lengthy analysis prepared by EPA. (Regulatory Impact Analysis). Interestingly, the analysis concedes that the rollback will result in an increase in respiratory illnesses and premature deaths associated with easing the air pollution limits the Clean Power Plan would impose. (N.Y. Times
Irony abounds as the new Acting Administrator at EPA last Tuesday announced historic progress under the Clean Air Act even while the Administration works to roll back a number of Clean Air Act rules. On July 31, Acting Administrator Andrew Wheeler announced the release of a trends report entitled "Our Nation's Air," which summarizes air quality status and trends through the end of 2017. (Trends Report). The Report reflects on significant improvements in air quality since 1970. Overviews can be found here - (The Hill and here -- (USAToday).
Indeed, EPA's current webpage continues to ...