October 21, 2019
Today the Competitive Enterprise Institute led a coalition letter in support of the Environmental Protection Agency’s proposed rule, “Updating Regulations on Water Quality Certification.” The rule would clarify the scope of the states’ certification authority under Section 401 of the Clean Water Act.
September 27, 2019
In two separate actions, the U.S. Environmental Protection Agency (EPA) this week put California on notice that the state is violating federal air and water quality standards, and must clean up its act.
August 9, 2019
Making good on a promise made in an April 10th Executive Order entitled Promoting Energy Infrastructure and Economic Growth, the Environmental Protection Agency has proposed a rule restricting states from abusing the Clean Water Act to pursue a climate agenda.
June 7, 2019
Making good on its promise in Executive Order 13868 to combat the abuse of section 401 of the Clean Water Act by states seeking to block fossil energy infrastructure projects, the Environmental Protection Agency today issued updated guidance for states on implementing this provision.
April 19, 2019
On Wednesday, I submitted comments on the Environmental Protection Agency’s (EPA) proposal to rescind its justification for the 2012 Mercury Air Toxics Standards (MATS) rule. MATS established first-ever maximum achievable control technology (MACT) standards for mercury and other hazardous air pollutant (HAP) emissions from coal- and oil-fueled power plants.
April 12, 2019
President Donald J. Trump issued an executive order on April 10th that is intended to limit the misuse of the Clean Water Act of 1972 (CWA) by governors in several states to stop fossil fuel infrastructure projects, particularly pipelines.
March 19, 2019
Maryland consumers may soon be deprived of one of my favorite products: plastic foam coffee cups. The Maryland House of Delegates has already passed a bill that would ban all containers made with polystyrene foam, which—if eventually signed by Gov. Larry Hogan—would be the first statewide foam container ban. But that move will likely do more environmental harm than good, despite claims to the contrary.
March 15, 2019
When the state of Washington rejected a proposed new coal export facility in 2017, it probably expected the usual appeals from the project’s developers. But it may not have anticipated a constitutional battle supported by eight interior states under the Commerce Clause.
December 28, 2018
Our friends at the Regulatory Transparency Project have created a great new video to help explain the legal impact of the Clean Water Act and the subsequent Waters of the United States (WOTUS) regulations.
December 13, 2018
Today’s Energy & Environment News (subscription required) has an article titled “Wheeler preaches federalism on water, not cars.” The gist is that various critics claim the Trump-era Environmental Protection Agency, under Acting Administrator Andrew Wheeler, is an “inconsistent” and “hypocritical” advocate of federalism in environmental policy.