EPA CAA Test Fuel Regulations for New Vehicles Upheld
The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "commercially available" fuel when testing the emissions of new vehicles under the CAA. Several producers of E30, a fuel that contains 30% ethanol, argued that a fuel shouldn't have to be commercially available in order to be approved as a test fuel. But the court disagreed. It is entirely "commonsensical and reasonable" for EPA to require vehicle manufacturers to use the same fuels in emissions testing that vehicles will use out on the road.
EPA Approves Revisions to Georgia, West Virginia, and Wyoming SIPs
EPA approved revisions to the Georgia, West Virginia, and Wyoming SIPs that pertain to definitions and standards for fine particulate matter, 2011 base-year emissions inventory for the 2010 one-hour sulfur dioxide NAAQS in the Marshall nonattainment area, and an update to one-hour and secondary sulfur dioxide NAAQS, respectively.
The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy standard will harm out-of-state coal producers in violation of the dormant Commerce Clause. But the law isn't a price control statute, it does not link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters.
This month, ELR is pleased to present the Environmental Law and Policy Annual Review (ELPAR), published in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best environmental law and policy-relevant ideas from the legal academic literature each year. The publication is designed to fill the same important niche as ELR by helping to bridge the gap between academic scholarship and environmental policymaking. Also included in is an article on trends in environmental legal scholarship, which is based on the data collected through the ELPAR review process.