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Fundamental Inconsistencies Between Federal Biofuels Policy and Their Implications

Biofuel policies under the Renewable Fuel Standard (RFS) housed in the CAA and administered by EPA and under the Internal Revenue Code administered by the Internal Revenue Service are reviewed to demonstrate inconsistencies not only between the statutes, but also the regulations developed by each agency. The lack of harmonization creates unintended consequences of some fuels reaping government incentives and others, being used in similar applications and delivering equitable environmental benefits, receiving no government assistance in the form of tax credits or participating in the RFS.

Regulation of CO2 Emissions From Existing Power Plants Under §111(d) of the Clean Air Act: Program Design and Statutory Authority

EPA is establishing carbon dioxide (CO2) emission standards for existing electric generating units (EGUs) under §111(d) of the Clean Air Act (CAA). The prospect of undertaking such a significant regulatory program under the authority of a little-used provision of the law has generated a number of questions about what EPA may and may not do in shaping this new regulatory policy.

The Price of Chemical Control: Learning From Struggle and Success

When President Gerald Ford signed the Toxic Substances Control Act (TSCA) into law in 1976, he declared it “one of the most important pieces of environmental legislation . . . enacted by the Congress,” one that would “close a gap in our current array of laws to protect the health of our people and the environment.” History has not been kind to President Ford’s prediction.

What’s in a Name?: Legal Implications of the EU Recommendation on Shale Gas

On January 22, 2014, the European Commission published its Recommendation on Shale Gas calling on the Member States of the European Union (EU) to apply a set of common principles for the performance of exploration and production of hydrocarbons by means of high-volume hydraulic fracturing. These principles are considered as minimum and “complementary” to existing EU environmental and safety legislation.

The Indian Supreme Court Promotes Interlinking of India's Rivers: Judicial Overreach?

The much-discussed and oft-criticized Indian interlinking of rivers project, initiated on its own motion by the Supreme Court of India (SC), will involve connecting 37 rivers in India through 30 links and 36 dams. The SC seems to have been motivated by concerns about the disparate regional availability of water in India: while parts of India are host to perennial rivers that frequently flood, other parts have access to surface freshwater resources only during the monsoon and are frequently afflicted by droughts.

LDAR: A Problem and a Solution for Hydraulic Fracturing

Valves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible. And, just as with skeletal joints, without proper care and maintenance, normal wear and tear can cause component parts to become arthritic and leak, releasing contained gas and liquids into the environment.