Monday, October 31, 2011
The Appeals Court indicates that, "The pertinent passage of the 2006 Rule, however, appeared to disregard subsection (B)(iii). It provided that a new transportation project:
must not  cause or contribute to any new localized CO, PM10, and/or PM2.5 violations or  increase the frequency or severity of any existing CO, PM10, and/or PM2.5 violations in CO, PM10, and PM2.5 nonattainment and maintenance areas. This criterion is satisfied . . . if it is demonstrated that . . . no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project.
". . .Obviously the segments designated  and  neatly match (B)(i) and (B)(ii), and are paralleled in the sentence beginning 'This criterion is satisfied if . . . .' But if the statutory language 'any area' required application of the (B)(i) and (B)(ii) requirements at the local level, then the EPA's seeming failure to address B(iii), or to explain its not doing so, was arbitrary and capricious."
In summation, the Appeals Court rules, ". . .given the EPA's clarification that (B)(iii) applies to local projects and its persuasive explanation of how the substance of the "delay" condition is met, we are satisfied that the 2010 Rule is not arbitrary, capricious, or inconsistent with law for the reasons raised in Environmental Defense. In particular, it is now clear that a project giving rise to the 'counterbalance' hypothetical we described in that case would not be deemed conforming." Accordingly, the petition of three environmental organizations is denied.
Monday, October 24, 2011
Thursday, October 20, 2011
Wednesday, October 19, 2011
Friday, October 14, 2011
Thursday, October 13, 2011
Access the complete opinion (click here). [#Land, #Transport, #CA9]
Tuesday, October 4, 2011
Senate Committee Hears From Shale Gas Advisors
Trade Agreements For Korea, Colombia & Panama
DOI Report On Impacts Of Climate Change On Freshwater Resources
DOE Receives 1st Entry In Commercial Air Conditioner Challenge
Senate Hearing On Nutrient Reduction Approaches
Maryland Man Sells $9 Million In Phony Renewable Fuel Credits
Monday, October 3, 2011
Paul Cort an attorney for Earthjustice who participated in the litigation of the issue in the lower courts and filed an opposition to the Homebuilders petition for Supreme Court review said, "We were glad to stand with the San Joaquin air district to defend this rule. No special interest should have a free ride in a region where schools and parents are frequently warned to keep children indoors on bad air days." Timothy O'Connor of the Environmental Defense Fund said, "The Supreme Court's action supports this common sense regulation to clean up the air in one of the most polluted areas in the country. Now the trade associations will have to follow the lead of the hundreds of California developers who have complied with this pollution-cutting measure."
Gordon Nipp of the Sierra Club's Bakersfield chapter said, "Every sector must do its part to help clean up our air in the San Joaquin Valley, some of the worst in the nation. Agriculture is learning to comply with the federal Clean Air Act, and now the homebuilders will join the fight against air pollution, despite their past legal recalcitrance." Earthjustice represented Environmental Defense and the Kern-Kaweah (Bakersfield), Tehipite (Fresno), and Mother Lode (Sacramento) Chapters of the Sierra Club in the lower court litigation.
Access the Supreme Court denial (click here, see page 71). Access the Supreme Court docket (click here). Access the Earthjustice release (click here). Access the Ninth Circuit opinion (click here). [#Land, #Air, #SupCt]
GET THE REST OF TODAY'S NEWS (click here)
DOE Approves $4.743 Billion In Solar Project Loan Guarantees
DOE Finalizes Rule For NEPA Categorical Exclusion
NASA Says Arctic Ozone Hole Is "Unprecedented"
DOI Completes Reforms Of Old Minerals Management Service
GAO Finds Problems With NOAA Historical Climatology Network
EPA Adds State Enforcement Actions Map To ECHO
Agencies Partner On Health & Safety Of Commercial Imports