CAA Lawsuit Challenging EPA's Failure to Consider Potential for Job Losses May Go Forward
A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion to dismiss, arguing that the statute is discretionary and that CAA §321(a) does not contain a date certain for action by the Administrator. But the court disagreed. Although EPA may have discretion as to the timing of such evaluations, it does not have the discretion to categorically refuse to conduct any such evaluations, which is the allegation of the plaintiffs
FWS Removes Cutthroat Trout From ESA Candidate List
FWS announced a 12-month finding on a petition to list the Rio Grande cutthroat trout as endangered or threatened under the ESA; the agency found that listing is not warranted and removed the species from its candidate list.
Court Vacates New Jersey's Power Plant Construction Plan
The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program, known as "LCAPP", guaranteed revenue to new generators by fixing the rates those generators would receive for supplying electrical capacity. The Federal Power Act, however, vests the federal government with exclusive control over interstate rates for wholesales of electric capacity. As such, federal law preempts, and thereby invalidates, the LCAPP.
The October issue of ELR's News & Analysis features the winner of the 2013-2014 Beveridge & Diamond Constitutional Environmental Law Writing Competition. The article, written by Paul T. Stewart of Wayne State University Law School, looks at the dormant Commerce Clause and its impact on state-level greenhouse gas regulation. Two honorable mention pieces—one on the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District, and the other on the "right to roam" on private property—are featured as well. The October issue also examines key natural resource damage liability decisions from 2004-2014, and includes a transcript from a recent ELI seminar on "waters of the United States."