Tribe May Intervene in Another Tribe's Challenge to Corps Permits for the Dakota Access Pipeline
A district court held that a Native American tribe may file its own complaint as an intervenor in another tribe's challenge to U.S. Army Corps of Engineers permits for the Dakota Access pipeline. It is not necessary at this stage to proceed on only a single complaint.
EPA Issues Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS
EPA updated the Cross-State Air Pollution Rule to address the interstate transport of ozone by issuing federal implementation plans for electric generating units in 22 eastern states that must meet the requirements of the 2008 ozone NAAQS beginning with the 2017 season; the rule also updates certain states’ obligations with respect to the 1997 ozone NAAQS.
EPA Failed to Consider Potential Job Losses in Coal Industry Under CAA §321(a)
A district court held that EPA, in connection with its enforcement and implementation of the CAA, failed to adequately evaluate potential job losses, particularly with respect to the coal industry, in violation of CAA §321(a). The plain language of the Act, as well as its legislative history, demonstrate Congress' intent to create an "express, unambiguous requirement" on EPA "of a continuing nature."
The October 2016 issue of ELR's News & Analysis provides an economic assessment of the U.S. Supreme Court’s stay of the Clean Power Plan and its implications for the future, concluding that the stay is economically unjustifiable based on claims of irreparable economic harm to the coal sector. The issue also features an article arguing against judicial interference with solar net metering policies. Also included is a book excerpt from Contemporary Issues in Climate Change Law and Policy (ELI Press 2016), as well as a review of Struggling for Air: Power Plants and the “War on Coal” by Richard Revesz and Jack Lienke. The issue also presents two pieces on the ESA: a comment on the ESA, climate change, and the courts; and the transcript to a recent ELI seminar on the ESA and state conservation efforts.