EPA's proposal to exclude adverse appellate court rulings on its Clean Air Act policies from applying nationwide might lead to uneven enforcement of the air law, some observers say, as the plan appears to give agency regions broad discretion to respond to such rulings absent any guidance from headquarters on a uniform response.
A federal district court's ruling partially rejecting an EPA Clean Air Act new source review (NSR) enforcement action against Texas utility Luminant is another significant setback for the agency's NSR enforcement efforts, sources say, as it reinforces a strict statute of limitations approach that sets a time limit on pursuing such actions.
A decade after the landfall and after-effects of Hurricane Katrina triggered calls for EPA to elevate environmental justice (EJ) considerations in its disaster responses, advocates say the agency has an uneven track record because it has improved engagement with equity areas but fallen short of adequate EJ considerations in disaster cleanups.
Related Story: Obama, GOP Spar Over Climate Resiliency One Decade After Hurricane Katrina
A coalition of 13 states that convinced a federal district court judge to issue an injunction against EPA implementing its Clean Water Act (CWA) jurisdiction rule from taking effect are urging the judge to declare that the ruling applies nationwide, after the agency said it would only heed the decision in the 13 states that sought the order.
California industries are urging EPA and White House officials to assess the costs and benefits of EPA Region 9's guidance for protecting against cardiac birth defects from exposure to trichloroethylene (TCE), arguing the policy is based on uncertain science, primarily targets Silicon Valley businesses, and will cost companies millions of dollars.
Highlighting a fight over which courts have authority to hear litigation challenging EPA's Clean Water Act jurisdiction rule, a federal district court has blocked the rule's implementation:
EPA is hosting a two-day event to review science on nitrogen oxides (NOx) and sulfur oxides (SOx) to inform its review of its “secondary” ambient air standards for the pollutants designed to protect the environment. Meanwhile, the agency is holding its annual drinking water workshop, which will include discussions on methods to counter toxic algal blooms -- weeks after Congress approved legislation requiring a new federal effort to address the phenomenon.
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