The U.S. Supreme Court reversed and remanded EPA's rule limiting hazardous air pollutant emissions from power plants, holding that the Agency interpreted CAA §112(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants. EPA issued the rule under CAA §112(n)(1), which directs the Agency to regulate emissions of hazardous air pollutants from power plants if the Agency finds regulation "appropriate and necessary." EPA chose not to consider cost when making its decision to regulate power plants, deeming it irrelevant. By a 5-to-4 vote, the Supreme Court disagreed, concluding that EPA strayed well beyond the "bounds of reasonable interpretation."
EPA added Estonia, Israel, and Slovenia to the list of Organization for Economic Cooperation and Development member countries that can trade hazardous wastes for recovery operations with other member countries.
The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams. Several municipalities and water districts claimed that FWS failed to cooperate with state and local agencies on water resource issues in violation of ESA §2(c)(2), that the critical habitat designation was arbitrary and capricious, and that FWS failed to prepare an EIS in violation of NEPA. But the court agreed with the Service.
The July 2015 issue of ELR's News & Analysis features articles on the Trans-Pacific Partnership trade agreement and its impact on climate change policy, EPA’s proposed 2014-2016 renewable fuel standard, and the Agency’s proposed Clean Power Plan. Also included are two articles based on remarks made at the Association of American Law Schools’ Agriculture and Food Law Section 2015 annual conference. The issue also looks at CEQ’s proposed guidance on NEPA and climate change, India’s first environmental referendum, and different approaches to proving intent for CERCLA arranger liability. The transcript to a recent ELI seminar, Fertilizer or Solid Waste: How Far Does RCRA Spread?, rounds out the issue.