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Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <i>Alaska Department of Environmental Conservation v. EPA</i>

In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5) and 167 of the Clean Air Act (CAA or Act), prohibiting construction of a new power generator unit at a mine in Northwest Alaska.

Arkema, Inc. v. EPA

The D.C. Circuit remanded an EPA rule that retroactively altered allowances for controlling the production, import, and export of hydrochlorofluorocarbons that had been allowed under prior regulations. A 2003 rule allowed both inter-pollutant and intercompany transfers of allowances, but in the 2010...

Sierra Club. v. Duke Energy Ind., Inc.

A district court held that an environmental group's claims against an electric company for violating PSD requirements before making major modifications to one of its plants are time barred, but it stayed final entry of the judgment pending the ruling of the Seventh Circuit in a similar case. PSD obl...

Sierra Club v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) regulation that creates a 12-month grace period exempting transportation projects in nonattainment and maintenance areas from Clean Air Act (CAA) §176(c) is contrary to the plain meaning of the CAA. The court first holds that an envi...

Southwestern Pa. Growth Alliance v. Browner

The court affirms the U.S. Environmental Protection Agency's (EPA's) decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as a Clean Air Act (CAA) attainment area for ozone. The court first holds that an organization of manufacturers and local governments from the Pittsburgh-Beaver Valley,...

Natural Resources Defense Council v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) adoption of a rule requiring compliance assurance monitoring (CAM) of major emission sources complies with the Clean Air Act (CAA) §114(a)(3)'s enhanced monitoring requirements. The court first holds that EPA's adoption of CAM ...

Leveling the FIFRA Playing Field: Life Beyond Termilind

The quest by law abiding pesticide registrants for relief from illegally registered pesticides has taken a new turn. Tacitly acknowledging the futility of urging the U.S. Environmental Protection Agency (EPA) to initiate enforcement action against bad actors, registrants are now, in epidemic proportion, taking their case to EPA in the form of filing administrative petitions to revoke and/or cancel Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrations issued to competitors and alleged to be obtained illegally.

Preventing Pollution? U.S. Toxic Chemicals and Pesticides Policies and Sustainable Development

This Article considers the extent to which the United States has made progress in the management of chemicals and pesticides in light of the commitments it made in 1992 to promote sustainable development. While pesticides are types of chemicals, they are managed differently and this Article will employ the legal distinctions between the two. The term "chemicals" refers to substances that are manufactured, processed, or used in commerce, other than those marketed as pesticides, pharmaceuticals, or food additives.

Delaney Lives! Reports of Delaney's Death Are Greatly Exaggerated

Editors' Summary: When Congress passed the Food Quality Protection Act of 1996 (FQPA), many in the press announced that this law effectively repealed the Delaney Clause, which they claimed had banned all traces of cancer-causing pesticides in processed foods. This Article analyzes what the FQPA actually did. It begins by describing the history of the Delaney Clause. The clause appears in three statutes, most famously in the food-additive provisions of the Federal Food, Drug, and Cosmetic Act (FFDCA).