Court Upholds DOT Approval of California Highway Project
The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned expressway connecting the Ports of Los Angeles and Long Beach, California. EPA's and DOT's interpretation of the regulations--permitting the type of "hot-spot" analysis performed in this case--are entitled to considerable deference. And DOT's EIS took the requisite "hard look" at the project’s likely consequences and probable alternatives under NEPA. The court, therefore, affirmed a lower court's grant of summary judgment in favor of the government.
Court Upholds OSHA Revisions to Hazard Communication Standard
The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard Communication Standard, as it applies to combustible dust. The Hazard Communication Standard requires employers to develop a program for classifying the dangers of workplace chemicals and conveying those dangers to their employees.
The November issue of ELR's News & Analysis features articles on the National Marine Sanctuary System, EPA's fine particulate air pollution control program, and land use planning. Also included is an article focusing on the "pollutant" element of Clean Water Act offenses, as well as a piece on "big data" and the environment. The November issue also looks back at the lives of two pioneers in environmental law, David Sive (1922-2014) and Joseph Sax (1936-2014).