As previously
reported, a coalition of environmental groups recently filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final rule titled, “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments,” 85 Fed. Reg. 72,506 (Nov. 12, 2020). Commonly called “Part B,” the rule allows owners and operators to submit demonstrations showing their clay-lined impoundments are adequately protective of human health and the environment.
The environmental groups filed the petition, however, outside the 90-day timeframe in which parties may seek review of regulations promulgated under RCRA. 42 U.S.C. § 6976(a)(1). In light of their untimeliness, on February 25, the environmental groups filed a
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On February 11, three environmental groups Sierra Club, Alliance for Affordable Energy, and PennEnvironment, Inc. filed a petition for review in the D.C. Circuit Court of Appeals (D.C. Circuit) challenging the U.S. Environmental Protection Agency’s (EPA) recent final rule titled, “Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments,” 85 Fed. Reg. 72,506 (Nov. 12, 2020). Commonly called “Part B,” the rule allows owners and operators to submit demonstrations showing their clay-lined impoundments are adequately protective of human health and the environment. Part B is the second of two rulemakings comprising EPA’s “Holistic Approach to Closure” amendments to the coal combustion residuals (CCR) rule. Environmental groups filed a similar challenge to the “Part A” rule in the D.C. Circuit in November
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As a favor to the community I m posting President Biden s order to agencies to undertake a review of Trump era environmental regulations.
Yesterday was also an important day for Mother Nature and the nation. The US Court of Appeals for the District of Columbia Circuit unanimously tossed the Trump administration s replacement for Obama s Clean Power Plan (CPP) back to EPA. The Agency will now be coming out with some version of the CPP.
Look for my continuing comments on these and other Biden administration efforts to put the nation s economy on a low-carbon trajectory.
In the meantime, feel free to ask questions you might have. I ll do my best to answer them.