EPA CAA Test Fuel Regulations for New Vehicles Upheld
The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "commercially available" fuel when testing the emissions of new vehicles under the CAA. Several producers of E30, a fuel that contains 30% ethanol, argued that a fuel shouldn't have to be commercially available in order to be approved as a test fuel. But the court disagreed. It is entirely "commonsensical and reasonable" for EPA to require vehicle manufacturers to use the same fuels in emissions testing that vehicles will use out on the road.
EPA Enters Proposed Administrative Settlement Under CERCLA
EPA entered into a proposed administrative settlement under CERCLA concerning the Capitol City Plume Superfund site in Montgomery, Alabama, that addresses costs from a fund-lead remedial investigation performed by the Agency at the site.
The Tenth Circuit upheld on constitutional grounds Colorado's mandate that 20% of the electricity that generators sell to Colorado consumers come from renewable sources. A conservative energy group claimed that the renewable energy standard will harm out-of-state coal producers in violation of the dormant Commerce Clause. But the law isn't a price control statute, it does not link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters.
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.