April 29, 2017
In a double dose of good news, the D.C. Circuit Court this week put on hold litigation surrounding two major Obama-era Environmental Protection Agency rules for existing power plants.
On Thursday, a three-judge panel on the D.C. Circuit granted the EPA’s request to pause litigation over the Mercury and Air Toxics Standards, also known as the Utility MACT. As I’ve reported before, this rule would cost $10 billion annually, yet its bizarre purpose is to protect a supposed population of pregnant subsistence fisherwomen who eat hundreds of pounds of self-caught fish during their pregnancies, despite all the signs along rivers and lakes advising...
April 25, 2017
March 22, 2017
In late February, the White House’s budget outline leaked, and I worried that it lacked a requisite thoughtfulness:
By all accounts, the Office of Management and Budget consulted neither Congress nor the states in the course of formulating these proposals …
By failing to consult Congress, OMB doesn’t seem to have considered the EPA’s statutory duties. As I’ve before argued, the agency is beholden to thousands of duties set forth by Congress in EPA’s enabling statutes, and it is unclear whether the agency has sufficient resources to achieve these non-discretionary responsibilities.
And by failing to consult states, OMB doesn’t seem to...
March 14, 2017
February 24, 2017
January 11, 2017
January 9, 2017
Green Group Litigation Strategy #1...
January 4, 2017through 10 regional offices. To be sure, the regional offices must dance to the tune set by headquarters in D.C. Nonetheless, there is discretion at the margin for all regional offices, as is the case for outposts in any...
January 4, 2017
On Tuesday, The Hill’s Timothy Cama reported:
An environmental group is launching a new advertising campaign against the confirmation of President-elect Donald Trump’s pick to head the Environmental Protection Agency (EPA).
Clean Air Moms Action, a project of the Environmental Defense Action Fund, said Tuesday it is spending at least $100,000 on the campaign which centers on children's health concerns, targeting the Washington, D.C., area, and six states with senators who could swing the confirmation vote.
See the ad for yourself here. In fact, it is based on an egregious lie, and the truth of the matter demonstrates the...
January 3, 2017
Does it make any sense to spend ever greater sums of money for ever fewer environmental benefits? That’s the very fair question that’s been asked in two recent smart pieces. The first is by C. Boyden Gray in today’s Washington Examiner, and I’ve excerpted its main points below:
We have come a long way since the days when, as a federal judge once described, “the air in the Los Angeles basin was so thick with smog that a mountain, or even a nearby mountain range, could simply disappear.” That's what the Clean Air Act was designed to remedy, and it has worked…
We no longer contend with the largescale environmental crises that still plague the rest of the world.