WIMS Environmental HotSheet 4/29/14

 National / International News

 

<> McCarthy slams critics' 'dangerous game' of trying to discredit agency science - U.S. EPA Administrator Gina McCarthy today struck back at EPA critics in a forceful address to scientists that defended agency actions on climate change, air quality issues and safe drinking water. "With science as our North Star. . .

• Smith Criticizes EPA for Standing by Secret Science - Washington, D.C. –Science, Space, and Technology Committee Chairman Lamar Smith (R-Texas) today released the following statement in response to EPA Administrator Gina McCarthy's decision to stand by the agency's use of. . .

<> Energy Dept. Report Finds Major Potential to Grow Clean, Sustainable U.S. Hydropower - April 29, 2014Energy Dept. Report Finds Major Potential to Grow Clean, Sustainable U.S. Hydropower More than 65 Gigawatts of Potential Hydropower Resource Development. . .

<> OIG: Chemical Import Data May Help EPA Identify Facilities That Need to File or Update Risk Management Plans - Import data showed large shipments of anhydrous ammonia and chlorine to ports and facilities across the United States for which facilities may need to prepare an RMP or revise their RMPs.

<> Agua Caliente, World's Largest Solar Photovoltaic Plant, Helps Advance America's Solar Leadership - Agua Caliente, World's Largest Solar Photovoltaic Plant, Helps Advance America's Solar Leadership Announcing the launch of Agua Caliente, a utility-scale solar plant that will generate enough clean electricity to power. . . 

<> Committee Members Raise Concerns about Impact of "Chemicals in Commerce Act" on State Hydraulic Fracturing Regulations – Members sent a letter to Chairman John Shimkus expressing significant concerns about the sweeping preemption language in the latest discussion draft of the Chemicals in Commerce Act.

<> Why Wave Power Has Lagged Far Behind as Energy Source - A host of challenges, including the difficulty of designing a device to capture the energy of waves, have stymied efforts to generate electricity from the sea.

<> GAO-14-73, Electricity Markets: Demand-Response Activities Have Increased, but FERC Could Improve Data Collection and Reporting Efforts, March 27, 2014 – The Government Accountability Office found that since 2004, the federal government has made efforts to facilitate demand-response activities, including expanding their use in wholesale electricity markets. . .

<> Energy Department Announces $10 million for Wave Energy Demonstration at Navy's Hawaii Test Site - April 28, 2014Energy Department Announces $10 million for Wave Energy Demonstration at Navy's Hawaii Test Site The Energy Department today announced $10 million to test prototypes designed to generate clean. . .

<> Fossil Fuel Subsidies Hamper Pathway to Inclusive Green Economy, Experts Say - UNEP sponsored event indicates fossil fuel subsidies are contributing to fiscal instability and undermining governments' efforts to combat serious economic and environmental challenges, such as climate change, and the transition to an inclusive green economy. . .

<> Science Datasets from GoMRI Oil Spill Research Publicly Available - Researchers studying impacts from the Deepwater Horizon oil spill have scientific data available for public access. Data comes from research funded by the Gulf of Mexico Research Initiative (GoMRI)

 

U.S. Appeals Court Environmental Decisions

<> American Lung Association v. EME Homer City Generation - 4/29/14. In the U.S. Supreme Court, Case No. 12-1182. The cases concern the efforts of Congress and U.S. EPA to cope with a complex problem: air pollution emitted in one State, but causing harm in other States. The Majority 6-2 opinion reverses and remands the D.C. Circuit on the the Cross-State Air Pollution Rule (Transport Rule), which curbs NOX and SO2 emissions in 27 upwind States to achieve downwind attainment of three NAAQS. The two dissenting Justices said, "the majority approves that undemocratic revi­sion of the Clean Air Act. The Agency came forward with a textual justification for its action, relying on a farfetched meaning of the word 'significantly' in the statutory text."

• EDF Release: Supreme Court Win for Cross-State Air Pollution Rule

<> Shell Oil Company v. US – 4/28/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 13-5051. The majority concludes that a "Taxes" clause in several contracts for high-octane aviation gas ("avgas") should be broadly interpreted to require the United States to indemnify the Oil Companies for a CERCLA judgment covering restoration efforts of the McColl acid waste site more than fifty years after the completion of the contracts.

<> Bayless v. United States - 4/28/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 12-4120. Sixteen years after a debilitating illness, Bayless, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. The majority Panel ruled, "We conclude that under the unusual circumstances presented here, the period of limitation did not accrue until February 2007."

 

Federal Register Highlights 

The following is an alert of Environmental Federal Register announcements that may be of interest for: Tuesday, April 29, 2014.  (Click here to access today's complete Federal Register index with links to complete announcements).

 

1. Nothing We're Tracking Today (click for the complete Energy & EPA announcements)