The Tenth Circuit denied petitions for review challenging EPA's approval of a regional cap-and-trade program regulating sulfur dioxide (SO2) emissions to address regional haze over the Colorado Plateau, a Class I area. New Mexico, Utah, and Wyoming adopted the program under the CAA's regional haze rule for Class I areas, which allows states to use a cap-and-trade program if the participants would expect better results than they would have under "best available retrofit technology" (BART) regulations. Environmental groups challenged EPA's approval of the program, but the court disagreed. EPA's determination that the trading program was "better than BART" was not arbitrary or capricious.
FWS proposed to include the common snapping turtle, Florida softshell turtle, smooth softshell turtle, and spiny softshell turtle in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to allow the agency to adequately monitor international trade in these species; to determine whether exports are occurring legally, with respect to state and federal law; and to determine whether further measures under CITES or other laws are required to conserve these species.
The D.C. Circuit dismissed automobile industry groups' petition challenging an EPA rule intended to mitigate the misfueling of vehicles and engines with gasoline containing greater than 10% ethanol (E10). Among other measures, the rule prohibits the use of E10 gasoline in certain vehicles, engines, and equipment, and it requires warning labels to be placed on fuel dispensers selling gasoline containing 15% ethanol.
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."