Author Archives: hlselp

FERC Commissioner Supporting State Clean Energy Policies Cites Peskoe Article in Statement

On March 9, the Federal Energy Regulatory Commission (FERC) approved an ISO-New England capacity market proposal that changes how clean energy resources supported by state policies can participate in the market. According to FERC, the new market design will maintain resource adequacy at just and reasonable rates while allowing state-supported resources to continue to participate. […]

Take a Tour 

What Does it Take to Get from Dirty to Clean?

The EPA starts its effort to protect public health and the environment by understanding the problem it is trying to fix. This means: collecting data on what pollution exists, such as by placing air quality monitors in communities or seeking emissions testing from factories; researching how that pollution affects humans and the environment, including laboratory […]

Take a Tour 

Migratory Bird Treaty Act

The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following.  Why it matters The Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703-711, makes it unlawful to take (“harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or […]

Take a Tour 

Hiding Information

The EPA has hidden access to information on its website about climate change. The American public relies on EPA’s website for detailed and dependable information about critical environmental subjects, including climate change. On April 28, 2017, the EPA announced it was updating its website to “reflect the agency’s new direction under President Donald Trump and […]

Take a Tour 

Political Vetting of Grants

The EPA has long relied on competitive merits-based grant-making to support activities that deliver critical environmental improvements, pollution reductions, and public education. Until now, grant applications have been evaluated by career professional staff exclusively for their technical merit, and not on the basis of partisan political considerations. Now, the EPA has assigned a political appointee […]

Take a Tour 

Centralizing EPA’s Compliance Information Requests

Collecting information is critical to many of EPA’s tasks, especially those that ensure polluters are complying with the law and, for purposes of assuring compliance or of enforcement, detecting sources that are not. EPA’s ten regional offices, acting on their own authority, are instrumental in this type of information collection. This process has been slowed, […]

Take a Tour 

New Source Review Enforcement Memo

For years, EPA embraced its obligation to ensure that polluters estimated potential future emissions increases accurately, since those estimates are the cornerstone of a Clean Air Act program aimed at limiting local air pollution increases. Now, it has stepped away from that obligation. The New Source Review (NSR) program is a long-established set of Clean […]

Take a Tour 

Removing Scientists from Advisory Panels

The EPA has removed qualified academics from its advisory panels and replaced them with industry scientists. Advisory committees provide the EPA independent, expert advice on an array of issues the agency must consider and tasks it must perform that entail science-intensive analysis or judgment. These include advising the agency on – to cite but a […]

Take a Tour 

Can EPA Maintain Its Mission?

Since Donald Trump became President and Scott Pruitt his EPA Administrator, the EPA has worked assiduously to remove, weaken, or delay a host of pollution-cutting rules. As a result, the agency is on a “reverse mission”. Instead of focusing on delivering what the public has always counted on the EPA to deliver – the protection […]

Take a Tour 

The Settlement Memo

The EPA has changed its policy on litigation in ways that make it harder for citizens and courts to hold the agency accountable when it fails to do its job. Our major environmental laws, such as the Clean Air Act (CAA) and Clean Water Act, contain provisions that require the EPA to take certain actions […]

Take a Tour