Category Archives: Uncategorized

Mercury and Air Toxics Standards (MATS)

On April 27, 2017 the D.C. Circuit removed the argument from its calendar,  suspending the case indefinitely, and directed EPA to file 90-day status reports.

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Power Plant Startup, Shutdown, and Malfunction Rule

Litigation is suspended indefinitely while the Environmental Protection Agency (EPA) reviews the rule. EPA must file 90-day status reports. – Walter Coke v. EPA, No. 15-1166 (D.C. Cir.).

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Risk Management Plan / Accidental Release Prevention Requirements

In April, 2013, an explosion in a West Texas fertilizer factory killed 15 people and injured another 180. These rules were designed in part to prevent other accidents like this. The rule has been delayed.

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Climate Guidance for NEPA Reviews

President Trump revoked the climate guidance in his Executive Order on Promoting Energy Independence and Economic Growth. Nonetheless, at least one draft environmental review since the Executive Order has included climate impact of a projects greenhouse gas emissions.

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Department of the Interior Regulatory Reform Initiatives

The Department of the Interior (DOI) have made an unusually broad request for public input on which rules it should target for rollback. There is an ongoing opportunity for public comment on this broad de-regulatory agenda.

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National Monuments, Marine National Monuments, & Marine Sanctuaries

Our national monuments, marine national monuments, and marine sanctuaries are under threat of being eliminated, reduced in size, opened to commercial fishing, or developed for logging and mineral or energy extraction.

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Grid Study / Resiliency Pricing Rule

The Department of Energy (DOE) Grid Study, released on August 23, 2017, finds that the grid benefits from flexible resources including, notably, natural gas plants, which can quickly respond to changes in demand by ramping up or down quickly. Coal plants, on the other hand, respond slowly to fluctuations in supply and demand, and nuclear plants run at nearly full capacity regardless of grid conditions.

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Cross-State Air Pollution Rule and Section 126 Petitions

Lawsuits continue over the Federal Implementation Plan (FIP) and Phase 2 emissions budgets for CSAPR. Meanwhile, downwind states seek deeper cuts in pollution from out-of-state sources. Connecticut, Delaware, and Maryland have sued the Environmental Protection Agency (EPA) for failure to act on their section 126 petitions.

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Environmental Law Program Seeks Executive Director

The Harvard Law School Environmental Law Program is accepting applications for the position of Executive Director. Please see the following for more information: Executive Director Information and Application Process Well Wishes to our Outgoing Executive Director

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Richard Lazarus: First Monday May Shed Light on Water Case

Who should hear cases on industry challenges to EPA and the Army Corp of Engineers’ definition of “navigable waters?” Federal district courts or the court of appeals?  Federal government attorneys argue that a “pragmatic construction” of the Clean Water Act would send cases with broad policy implications to one of the thirteen appeals courts, rather […]

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