Congress is toying with a bill called the Farm Dust Regulation Prevention Act of 2011. What is interesting about the title is that it is not farm dust that is being “prevented” but regulation of farm dust that is being prevented. The EPA insists that it has no intention to regulate farm dust but the [...]
The press has made much of recent reports that the EPA announced that it will not regulate rural dust. But that is not exactly what the EPA did. EPA Administrator Lisa Jackson released several letters (Klobuchar Letter Stabenow Letter ) to legislators dated October 14, 2011 in which she states that with regard to [...]
Summary: An attempt by the Port of Los Angeles to regulate truck emissions and labor conditions was preempted by the FAAA.
Background: The Port of Los Angeles encountered resistance from environmental and community groups when it tried to expand its cargo terminal facilities to accommodate more and larger ships. The opposition argued that the expansion [...]
This case is a dispute between the U.S.Forest Service and owners of mineral rights in the Allegheny National Forest. Mineral rights owners are entitled to reasonable use of the surface to drill for oil and gas after providing a sixty-day notice after which the Service would issue a Notice to Proceed. The Service had taken [...]