In an unnecessarily exaggerated response to U.S. Supreme Court decisions over the past decade, the agencies that implement the Clean Water Act have substantially reduced the scope of waters that are considered jurisdictional “waters of the United States” under the Act. The agencies are now working on new guidance and regulations that would be a step toward restoring the intended scope of “waters of the United States.” However, in an attempt to narrow interpretations of the Act, opponents of clean water regulation have sought to rewrite the history of the Act and its implementation.

PSD permits issued to major emitting facilities must include BACT standards for each pollutant subject to regulation under the CAA. These standards must be determined by permitting authorities on a case-bycase basis, subject to EPA review and approval. Step 1 of the EPA’s preferred “top-down” procedure for making these determinations presents difficult interpretive issues, particularly as the Agency struggles to clarify its policy against using BACT to redefine the applicant’s facility.

This Article demonstrates that it is possible for lawsuits to ignite a market for an innovative energy technology that otherwise would be too costly to implement. For example,

In this challenging economic climate, it is not uncommon for some companies who are potentially responsible parties (PRPs) involved in hazardous substances cleanup litigation under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to file for bankruptcy protection.

Several key issues have emerged as pivotal in ongoing efforts to reform TSCA. Progress on these complex issues is central to the success of TSCA reform. On July 21, 2011, ELI convened a panel of experts to examine the central issue of whether and what standard of safety should replace TSCA’s current “unreasonable risk” standard for regulating chemicals. Topics addressed included: hazard/exposure/risk criteria; burden of proof; judicial review of Agency decisions; sensitive populations; cost-benefit analysis; and application of the safety standard to new materials/technologies.