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September 4, 2018 | From the Experts

Kavanaugh Guided by Industry, Not Rule of Law

We agree with the Heritage Foundation on this point: Let’s assess Judge Brett Kavanaugh’s record using the “Schumer Standard.” That’s exactly why the Senate should reject him.

September 4, 2018 | Legal Document

Summary: Judge Kavanaugh’s U.S. EPA Cases Explained

The Heritage Foundation, recently argued that Judge Kavanaugh was not a predictable vote for industry polluters, but the record tells a very different story. A review of all 26 of his written opinions, concurrences, and dissents involving the Environmental Protection Act reveals that he almost always takes the side resulting in more pollution and opposes the result that would lead to more clean air, clean water and public protections.

August 31, 2018 | Legal Document

Joint NGO Comments Bad Neighbor Rule

Comments of Earthjustice, Sierra Club, Appalachian Mountain Club, Environmental Defense Fund, Chesapeake Bay Foundation, Environmental Law And Policy Center, Clean Air Task Force, Downwinders At Risk, NAACP, and Texas Environmental Justice Advocacy Services on EPA’s Proposed Bad Neighbor Rule

August 23, 2018 | Legal Document

Comments Chemical Disaster Rule Rollback

On May 30, 2018, the U.S. Environmental Protection Agency (“EPA”) published in the Federal Register a proposed rule entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 83 Fed. Reg. 24,850 (May 30, 2018) (the “Rollback Rule”). The Rollback Rule would rescind or weaken almost all of the chemical disaster prevention and mitigation measures previously adopted by the agency in its January 2017 final rule, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 82 Fed. Reg. 4594 (Jan. 13, 2017) (the “Chemical Disaster Rule”). Comments on the Rollback Rule were originally due July 30, 2018, but EPA extended this deadline to August 23, 2018, pursuant to a Notice of Data Availability. See “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period,” 83 Fed. Reg. 34,967 (July 24, 2018). The undersigned groups submit the following comments to oppose EPA’s proposed Rollback Rule. For reasons discussed herein and provided in the D.C. Circuit’s decision vacating EPA’s 2017 Delay Rule, EPA should withdraw, and not finalize, the proposed Rollback Rule. See Air Alliance Houston et al. v. EPA, No. 17-1155, Slip Op. (D.C. Cir. Aug. 17, 2018).

August 17, 2018 | Legal Document

Chemical Disaster Rule Delay Opinion

Because EPA has not engaged in reasoned decisionmaking, its promulgation of the Delay Rule is arbitrary and capricious. Accordingly, the court grants the petitions for review and vacates the Delay Rule.

August 15, 2018 | Legal Document

Comment letter to EPA in Opposition to Proposed Regulations on “Transparency” in Regulatory Science

Comment letter to Acting Administrator Andrew Wheeler & Office of the Science Advisor of the U.S. Environmental Protection Agency in opposition of the Proposed Rule, “Strengthening Transparency in Regulatory Science,” 83 Fed. Reg. 18,768 because of its clear intent and impact to weaken, or prevent the necessary strengthening of, vital public health safeguards.