Wetlands: federal court finds either Rapanos test valid to establish CWA jurisdiction *

USA - September 24 2010
A federal judge in Delaware has ruled that either the plurality or concurrence standards in Rapanos v. U.S., 547 U.S. 715 (2006), may be used to establish Clean Water Act (CWA) jurisdiction in wetlands enforcement cases.

Co-authors: David Erickson.

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Preemption: California SCAQMD may not impose idling-train emissions restrictions that interfere with interstate commerce *

USA - September 24 2010
The Ninth Circuit Court of Appeals has determined that California's South Coast Air Quality Management District (SCAQMD) may not impose restrictions that interfere with interstate commerce on emissions from idling trains.

Co-authors: David Erickson.

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TSCA/nanotechnology: EPA issues final SNURs for two carbon nanotubes *

USA - September 24 2010
EPA has published final significant new use rules (SNURs) for two carbon nanotubes that would require companies to provide the agency with 90 days' notice before they manufacture or import them.

Co-authors: David Erickson.

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Water: IG report says EPA/state MOAs are out-of-date *

USA - September 24 2010
A recent EPA Office of Inspector General (IG) report says that most Clean Water Act (CWA) memoranda of agreement (MOAs) between EPA and the states are out-of-date, inconsistent or both.

Co-authors: David Erickson.

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Air: groups sue EPA over alleged failure to promulgate FIPs to address NAAQS for ozone *

USA - September 24 2010
Two environmental groups have sued EPA alleging that the agency has failed to promulgate federal implementation plans (FIPs) to address national ambient air quality standards (NAAQS) for ozone in some non-compliant states and failed to take final action on state implementation plans (SIPs) for ozone standards in other states.

Co-authors: David Erickson.

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