Tag:environmental regulation
Flaring and the Flagrancy of its Environmental Devastation
William Baker Associate Editor Loyola University Chicago School of Law, JD 2022 The oil and gas industry recently announced plans to end gas flaring by 2030. Flaring involves the controlled release of excess gas from natural gas wells. While this practice is commonplace in the oil and gas industry, it nevertheless harms the environment …
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The Clean Water Act: The Broadening of the National Pollutant Discharge Elimination System Permitting Program to Regulate Indirect Discharge Through Groundwater
On January 14, 2021, the United States Environmental Protection Agency (“EPA”) issued a Guidance Memorandum (hereinafter “Memo”) addressing the recent decision of the Supreme Court of the United States in the case County of Maui v. Hawai’i Wildlife Foundation, 140 S. Ct. 1462 (2020) regarding the regulation of water pollution under the Clean Water Act (CWA or “the Act”). The Memo outlined how the Court’s recent ruling in the County of Maui applies to the National Pollutant Discharge Elimination System (“NPDES”) permit program created under Section 402 of the Clean Water Act (hereinafter “Section 402”). The intent of the EPA in publishing the Memo is to help clarify the effect of the Court’s ruling in County of Maui for owners and operators of facilities subject to the regulation of the CWA, the primary regulatory framework for governing water pollution in the United States. The ruling in County of Maui expands the types of discharge that are subject to the CWA’s regulatory permit program and illuminates the steps required of facility owners and operators to comply with that framework.
Understanding the Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration
Climate change directly and indirectly impacts a range of human rights including the basic rights to life, food, water and housing. Along with all developed countries, the United States has an affirmative obligation to take measures to prevent and address climate change impacts thereby not only mitigating its dire effects, but ensuring that all displaced persons have, at a minimum, their basic needs met. These displaced persons are more often than not those who have contributed the least to climate change and are now disproportionately suffering from its harm.
Chicago City Council Debates Urban Forestry Advisory Board To Address Declining Tree Population
Across the United States, metropolitan areas are experiencing a net loss of about 36 million trees every year. That amounts to about 175,000 acres of lost tree cover. Meanwhile, Chicago loses more than 10,000 trees every year due to, in part, inefficient tree trimming and management. Fewer trees means less shade and worse air quality. In response, several Chicago City Council Aldermen are proposing the Urban Forestry Advisory Board (“UFAB”) in order to assess current policies and propose innovative ways to protect Chicago’s tree population.
The Clean Air Act: Private Groups Fill Regulatory Void – Sue to Hold EPA Accountable for Failure to Properly Regulate Dangerous Emissions
On October 13, 2020 Earthjustice filed a petition for review with the D.C. Circuit Court of Appeals on behalf of a coalition of environmental groups and scientists asserting that a Final Rule promulgated by the Environmental Protection Agency (“EPA”) failed to adequately regulate certain carcinogenic emissions as required by the Clean Air Act. The Miscellaneous Organic Chemical Manufacturing (“MON”) rule, effective as of August 12, 2020, regulates toxic emission of about 200 chemical plants which release dangerous carcinogens including ethylene oxide which have been shown to be contributing to cancer hotspots around the country. However, the petitioners contend that the final MON rule fails to properly regulate unacceptable levels of risk posed by ethylene oxide and the other carcinogens released by MON facilities.
Extracting the Middle Ground: Is it Time to Federally Regulate Fracking?
The use of fracking has made the United States the global leader in natural gas and crude oil production. However, the practice is not without controversy. Activist groups have called for a ban against fracking as scientists have warned of potential health and environmental impacts, while energy lobbyists have fought bitterly against any restrictions or regulations. As it stands, U.S. regulating of fracking has been mostly left ineffectively to the states, with exemptions to federal regulations on the books. As the societal costs of fracking become better understood, regulators and policy makers must make difficult decisions regarding the practice.
A Cleaner Future for the Shipping Industry
Shipping is the backbone of today’s globalized world and accounts for the carriage of roughly 90% of international trade. Given the sheer number of countries that engage in international shipping, the United Nations created an agency known as the International Maritime Organization (IMO) for regulatory oversight purposes. The IMO subsequently created the International Convention for the Prevention of Pollution from Ships (MARPOL), the most significant international agreement dealing with maritime vessel pollution to date. A predominant responsibility of the IMO is to reduce shipping emissions, seeing as the industry accounts for nearly 3% of global CO2 emissions. Likewise, sulfur emissions are unacceptably high, which has compelled the IMO to take unprecedented steps toward reducing the sulfur content in the grade of fuel oil used by maritime vessels.
Flint Water Crisis: Where We Go From Here
There is poison in the water. The Flint water crisis has ravaged the city of Flint, Michigan, permanently altering how many in the community see the role of government.
On August 20th, Michigan Attorney General Dana Nessel announced a $600 million settlement between several state actors and victims of the Flint water crisis. Finally, six years after exposing residents to dangerous levels of lead in the water, the residents of Flint will receive their duly needed compensation. Unfortunately, it may be too little, too late for Flint, and there is little to prevent the crisis from repeating itself elsewhere without deliberate action.
The NEPA: Environmental Impact Statements, Compliance, and an Impending Threat to Environmental Regulation
On March 25, 2020, a judge for the United States District Court in the District of Columbia held that the Army Corp of Engineers (hereinafter the Corp) failed to comply with the standards of the National Environmental Policy Act (hereinafter “the Act”) by failing to prepare an Environmental Impact Statement (EIS) before deciding to approve federal permits for construction of a portion of the Dakota Access Pipeline which ran under the Mississippi River. The ruling came four years after the Standing Rock Sioux Tribe brought the original action in 2016. The Act is meant to ensure the public that agencies have considered the environmental consequences of a potential project before going forward with it, and so requires agencies to consider any and every significant environmental impact that could result from the project through completion of an Environmental Assessment, and, in some cases, an Environmental Impact Statement (EIS).
Standardization and Cooperation Needed to Fix Crumbling Infrastructure
Northeastern Michigan was already facing a pandemic on May 19 when a breach in the Edenville dam forced 10,000 residents to flee their homes in the face of deadly floodwater. The dam failure elevates the need for state and federal regulators to standardize regulations and collaborate on their enforcement to prevent similar incidents.