Wednesday, April 11, 2007
New Jersey Appellate Division overrules NJDEP’s denial of a hearing request
Tuesday, April 03, 2007
Supreme Court rules against Bush Administration on Global Warming Greenhouse Gases
In Massachusetts v. EPA, the United States Supreme Court ruled that USEPA does have authority to regulate greenhouse gases and, further, that EPA has not reasonably explained why EPA has refused to decide whether greenhouse gases cause or contribute to climate change. EPA had argued that the Clean Air Act and other statutes do not authorize EPA to regulate carbon dioxide and other greenhouse gases, specifically automobile emissions. Among EPA’s arguments was that Congress assigned he Department of Transportation to regulate vehicle gas mileage standards, not EPA. EPA also argued that any regulation by EPA in the US would have no effect on global warming given the expected increases in greenhouse gases from other countries such as China. The Supreme Court, in a 5-4 decision held that EPA does have statutory authority to regulate greenhouse gases under the Clean Air Act and that EPA’s failure to reasonably explain why it has not initiated rulemaking is arbitrary and capricious and an abuse of discretion. See the majority and dissenting opinions HERE.
Thursday, May 04, 2006
Regional Greenhouse Gas Initiative (RGGI)
These materials are referred to in the cover story article of the June 2006 issue of Environmental Protection magazine.
Here is the Fabricant Memorandum.
Here is the Cannon Memorandum.
For the Draft Model Rule, FAQ’s and more, visit the RGGI website.
The Center for the Study of Carbon Dioxide and Global Change website, which asks and answers the question “Is carbon dioxide a harmful air pollutant, or is it an amazingly effective aerial fertilizer?”.
Saturday, February 04, 2006
NY, NJ, PA HSE News
Check out these links which offer regular emails delivered to your inbox reporting and summarizing current events relating Health, Safety and Environment in the NY, NJ, PA areas: Garden State EnviroNet, and also EnviroPoliticis a daily compendium of environmental and political information for environmental professionals in NJ, PA, NY
Tuesday, January 10, 2006
Governor Corzine's Environment Transition Policy Group Final Report
See Governor Corzine’s Environment Transition Policy Group Final Report, January 10, 2006. Four of the twenty-six members abstained from signing on to the Report. Among other things, it advocates a the State adopt a “Polluter Pays Act” (but NJ already has one - the NJ Spill Act enacted in 1977 was one of the first polluter pays acts in the country - before CERCLA). And it suggests reviving and expanding the Spill Fund by a tax on petroleum companies. Governor Corzine’s Environment Policy Transtion Group Final Report
Wednesday, September 28, 2005
Toxic Catastrophe Prevention Act (TCPA)
On September 26, 2005, NJDEP Commissioner Campbell signed Administrative Order 2005-05 to take effect October 1, 2005. The Order provides that NJDEP will require facilities to undertake certain actions relating to inspections by NJDEP of facilities pursuant to the TCPA. Among the new requirements:
• the facility must post a notice of the inspection, and must provide a copy of the notice to an employee representative if there is one;
• the facility must allow an employee familiar with the processes being inspected, and an employee representative, to participate in the inspection and NJDEP may allow additional employees to participate;
• the facility must invite participating employees to any meeting regarding the inspection and NJDEP may meet separately with employees;
• NJDEP will resolve any disputes as to who is the employee representative and may consult with employees it deems necessary if there is no employee representative; and
• NJDEP will maintain a database of contact information for employee representatives at TCPA regulated facilities.
See a copy of the order here: http://www.nj.gov/dep/newsrel/2005/05_0115ao.pdf. See NJDEP’s new release here: http://www.nj.gov/dep/newsrel/2005/05_0115.htm. To find out if your facility is subject to these or other requirements of the TCPA, see the NJDEP’s TCPA webpage at: http://www.nj.gov/dep/rpp/tcpa/
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