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Rethinking the Federal-State Relationship
Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.
Sierra Club v. Environmental Protection Agency
The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah. The group objected that the renewal permit incorporated requirements in a 1997 Title I preconstruction permit that was based on a...
EQT Production Co. v. Jefferson Hills, Borough of
A state high court held that a borough council was allowed to consider residents' testimony regarding firsthand experiences with a natural gas extraction company's hydraulic fracturing facility in a neighboring township in a hearing on the company's conditional use application to construct and opera...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit dismissed in part and denied in part a petition to review EPA's 2016 revisions to its ambient air quality monitoring system regulations. An environmental group argued that the revisions violated the CAA by not requiring states to give advance notice and hold a public hearing when ma...