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The Renewable Fuel Program at an Inflection Point: Policy Implications of EPA's Proposed 2014-2016 Renewable Fuel Standard

In May 2015, EPA released its delayed revisions to the Renewable Fuel Standard (RFS) for 2014 and beyond. This standard establishes volumetric requirements for total renewable fuels and several subcategories of advanced biofuels. With the current rulemaking, EPA is attempting to revise its standard-setting process as the practical realities of the transportation fuel market have caught up with many of the program’s more ambitious policy aspirations.

Resilience: The Food Policy Imperative for a Volatile Future

To sustain a growing population on a changing planet, food policies at all levels—community, regional, national, and global—must promote judicious resource use, prioritize stewardship, align with ecosystems, advance social and distributive justice, consider national security, and position us to weather long- and short-term disruptions, both climate change-driven and otherwise.

Food Security: Concept, Challenges, and the Role of Attorneys

Feeding a growing global population, estimated to reach 9.6 billion by 2050, in a changing climate without destroying our environment is one of humanity’s greatest challenges. Environmental advocates have a central role in addressing this challenge. This Comment provides a brief overview of the concept of food security, starting with its foundation in the internationally recognized right to food. After providing the legal framework, the Comment describes the meta challenges to global food security, with a particular focus on the environment and the role of legal practitioners.

The Clean Power Plan and Statutory Interpretation: Is the "Building Block" Approach Permissible Under §111(d)?

In June 2014, EPA proposed an emission guideline for emissions of carbon dioxide (CO2) from existing fossil fuel-fired electric generating units (EGUs). This rulemaking--commonly known as the Clean Power Plan (CPP)--identifies as the “best system of emission reduction” a set of four “building blocks” that electric utilities can undertake or purchase credits for to reduce emissions from regulated EGUs. This Comment considers whether the building block approach is permissible under CAA §111(d).

NEPA and Climate Change: Practitioners Should Take Note of CEQ’s New Guidance

The White House Council on Environmental Quality (CEQ) has again offered for public comment draft guidance on how to evaluate the environmental impacts of climate change in analyses prepared under NEPA. This is not the first time CEQ has ventured into the area. In 2010, the Council proposed draft guidance on the same subject but never finalized it, presumably because a substantial number of senators (all Republicans) vigorously opposed the concept that environmental impacts under NEPA might include those associated with climate change. There was no public follow-up.

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in violation of open dumping provisions. This opinion is significant because it defines Cow Palace’s manure as solid waste under RCRA. The court focused on the manner in which Cow Palace stored and used the manure to determine that RCRA exemptions, such as the agricultural waste exemption for fertilizer, did not apply.

United States v. DTE Energy Co.: A Flawed Decision With Implications for the Future Enforceability of New Source Review

In United States v. DTE Energy Co. (DTE), the U.S. Court of Appeals for the Sixth Circuit held that EPA may use Clean Air Act New Source Review (NSR) to challenge a source’s preconstruction emission projection on narrow procedural grounds, but not to “second- guess” the projection’s substance. The decision is based on an incorrect interpretation of the NSR regulations and undermines the NSR program’s preconstruction review component.

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Navigable Waters” Element of the Clean Water Act Offense

This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its meaning, then examines how the term has been applied in the context of tributaries and wetlands, isolated waters, groundwater, and EPA’s unitary theory of navigable waters.

Defining Power Property Expectations

To date, most government efforts to promote distributed solar energy have involved incentivizing property owners to undertake voluntary installations. However, that approach is changing, as government actors move to increase distributed solar generation capacity not only through incentive programs, but also through requirements. Such a change from voluntary to mandatory measures represents a seismic shift in the approach to encouraging distributed solar generation, and it may raise objections about interference with property expectations.