The critical environmental policy-making news you need as you begin your day
April 2, 2020
Environmentalists Seek Reporting On Firms' Use Of EPA's Virus Policy
A coalition of environmental organizations is petitioning EPA to quickly issue an emergency rule that would require companies that make use of the agency's enforcement discretion policy during the coronavirus pandemic to disclose when they stop monitoring or reporting their releases and provide a justification for doing so.
EPA, Industry Defend Virus Enforcement Guidance As Limited, Reasonable
EPA and many industry attorneys are defending the agency's guidance limiting civil enforcement for reporting and monitoring during the coronavirus pandemic as a responsible and limited response to the unprecedented restrictions imposed to address the health emergency, stressing that the guide is not, as some critics charge, a "license" to pollute.
2nd Circuit Backs NRDC's Push For EPA To Release Vehicle GHG Model
In a win for environmentalists, a federal appeals court is ordering EPA to publicly release its computer model that could highlight faulty assumptions in the agency's rollback of vehicle greenhouse gas standards, saying the model is not "deliberative" data protected from disclosure under the Freedom of Information Act (FOIA).
Senate Democrats Press EPA On Operational Decisions During Virus
Nearly a dozen Senate Democrats are pressing EPA to detail a host of decisions about its operations during the ongoing coronavirus pandemic, including its new policy floating enforcement discretion for various industries, officials' steps to continue advancing rulemakings, and potential long-term plans allowing staff to telework.
EPA, Industry Urge Court To Deny Stay In RMP Rollback Rule Case
EPA is urging a federal appeals court to reject environmentalists' request to stay litigation challenging its rollback of Obama-era chemical disaster safety mandates as the agency weighs their reconsideration petitions, arguing a stay runs counter to the Clean Air Act (CAA) even if petitions for rule reconsideration are pending.
Wheeler Urges OIG To Rescind EtO Air Toxics Alert, Claiming 'Disconnect'
EPA Administrator Andrew Wheeler is asking the Office of Inspector General (OIG) to rescind its March 31 alert of the "urgent" need to notify communities near 16 industrial facilities of cancer risks from the sites' ethylene oxide (EtO) emissions, saying the agency had no notice that OIG considered its current approach inadequate.
10th Circuit Judges Probe EPA On Policy For Reviewing Title V Air Permits
A three-judge panel of the U.S. Court of Appeals for the 10th Circuit at recent oral argument probed EPA and Sierra Club over the group's lawsuit challenging a revised agency policy for reviewing objections to Clean Air Act "Title V" permits, a change that environmentalists say makes it harder to challenge unlawfully weak permits.
In Rare Decision, EPA Grants Sierra Club Petition Faulting Dow Air Permit
In a rare win for environmentalists under the Trump administration, EPA has granted a petition filed by the Sierra Club and Environmental Integrity Project (EIP) for it to object to a Clean Air Act permit Texas proposed for a Dow facility -- agreeing with the groups that the permit lacks enough information to justify its emissions limits.
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