Monthly Archives: April 2016

Coming Soon To A Roof Near You: Solar Panels (At Least If You Live in SF)

This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or solar thermal systems.  solar_homes_310x224I’m not an expert in the California Code of Regulations, so I’m not familiar with all of the potential exemptions, but the only one stated in the new ordinance is for buildings (residential or non-residential) with a “solar zone” of less than 150 contiguous square feet.… More

Stop the Presses! EPA Still Thinks that the MATS Rule Is a Good Idea

Last week, EPA issued its “Supplemental Finding”, confirming that it still believes that its Mercury and Air Toxics Standards matsare “appropriate and necessary.”  I don’t have much to add to our post at the time of the proposed Supplemental Finding.  In short, the Supplemental Finding isn’t going to change anyone’s mind, but it should be sufficient to withstand judicial review as long as the courts still believe in Chevron deference.… More

Big Changes With Little Fanfare: The FHWA Proposes to Use GHG Emissions as a Performance Measure

This week, the Federal Highway Administration issued a Noticed of Proposed Rulemaking to promulgate performance measures to be used in evaluating federal funding of transportation projects.  The requirement for performance measures stems from the Moving Ahead for Progress in the 21st Century Act, aka MAP-21.  MAP-21 requires the FHWA to establish performance standards in 12 categories, one of which is “on-road mobile source emissions.”  MAP 21

The NPRM addresses this criterion,… More

MassDEP and CZM Propose Changes to Chapter 91 Regulations

DEP CZMMassDEP and the Commonwealth’s office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. The draft for public comment, including a summary of the changes and redlines of the regulations, can be found here. Information on submitting public comments can be found here. Comments are due by Monday,… More

A Substantive Due Process Right to Climate Change Regulation? What’s a Lonely Apostle of Judicial Restraint To Do?

Late last week, Magistrate Judge Thomas Coffin concluded that the most recent public trust Mosaic_of_Justinianus_I_-_Basilica_San_Vitale_(Ravenna) (1)case, which seeks an injunction requiring the United States to take actions to reduce atmospheric CO2 concentrations to 350 parts per million by 2100, should not be dismissed.

The complaint here is similar to, but broader than, others of its ilk.  As we noted previously, at least one federal court has already held that there is no public trust in the atmosphere. … More

EPA Continues to Dismantle Clean Air Act Affirmative Defenses — Blame It On the Judge(s)

On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register.  EPA describes most of the changes as “technical corrections,” but there is one important substantive change.  EPA has deleted the affirmative defense for violations caused by equipment malfunctions.

The change follows EPA’s 2015 SIP call requiring states to delete affirmative defenses for violations related to startup, shutdown, or malfunction SSMevents. … More

Water Turning To Blood; Flies; Hail? How About Water-borne Illness, Extreme Weather, and Actual Plague?

Passover starts later this month.  Just in time, the U.S. Global Change Research Program has given us an updated list of plagues.  What’s fascinating is that the new list actually bears a certain similarity to the biblical list.

Why has the U.S. updated the list of plagues?  It’s actually part of a report on “The Impacts of Climate Change on Human Health in the United States:  A Scientific Assessment.”  What’s climate change going to do to us? … More

Climate Change and the ESA: Protecting the Wolverine in the Face of Uncertainty

Under the Endangered Species Act, a species is “threatened” when it is “likely to become an endangered species within the foreseeable future.”  As scientists continue to predict that climate change will alter habitat over the coming century, it certainly seems “foreseeable” that more species will become endangered.  That’s what the Fish & Wildlife Service concluded about the wolverine WolverineSnowin early 2013.  When FWS backtracked in 2014, Defenders of Wildlife sued. … More