Topics – Page 3 – The GW Point Source

May 30, 2023May 30, 2023

Understanding the Proposed New Clean Air Act § 111 Rule on Fossil Fuel-Fired Electric Generating Units

By Johanna Adashek

On May 23, 2023, EPA proposed a new rule that would regulate fossil fuel-fired electric generating units (EGUs). The regulations reflect different regulatory requirements that EPA has crafted using its authority under the Clean Air Act (CAA) § 111, often referred to as New Source Performance Standards or NSPS. This blog post will provide a brief explanation of the NSPS as well as factual background on the kinds of fossil fuel-fired EGUs that are treated differently for purposes of this proposed rule. The post will then discuss the five components of the new rule in the following order: (1) the revised NSPS for greenhouse gas emissions from new fossil fuel-fired stationary combustion turbine EGUs; (2) the repeal of the Affordable Clean Energy Rule; (3) the emission guidelines for existing fossil fuel-fired steam generating units; (4) the emission guidelines for existing large and frequently used stationary combustion turbine EGUs; and (5) the solicitation of comments on regulating existing smaller and less frequently used fossil fuel-fired combustion turbines.

April 19, 2023May 2, 2023

Riverine Rights Around the World – Three Case Studies

By Monishaa Suresh

As countries around the world begin to grant legal personhood to environmental resources, three stand out in conferring legal personhood to rivers – New Zealand with the Whanganui, Colombia with the Atrato, and India with the Ganges. New Zealand chose to grant personhood to the Whanganui via legislative action, whereas, the Atrato secured legal personhood in Colombia in a High Court decision. In India, a state court granted the Ganges personhood, which was ultimately reversed at the Supreme Court level. The precedents set in New Zealand and Colombia, however, offer India possible pathways to re-grant the Ganges personhood at the national level.

April 3, 2023September 25, 2023

A Primer on Biden’s 30 by 30 Plan

By Johanna Adashek

What is Biden’s 30 by 30 plan?

The plan originated from Executive Order 14008 “Tackling the Climate Crisis at Home and Abroad,” published on January 27, 2021. Sections 216 of the Executive Order tasked various government agencies with the goal of conserving 30% of U.S. land and waters by 2030, hence the short reference: “30 by 30.” The Executive Order itself did not create detailed directives for achieving this goal, instead, it initiated processes for stakeholder participation, measuring progress, and creating future strategies. While the progress of steps taken to date is hard to measure, this is the first conservation goal that the federal government has ever set. Approximately 12% of land, 11% of freshwater, and 26% of ocean waters in the U.S. has some level of protection to date. This blog post (1) examines why protecting and conserving lands and waters is so vital; (2) identifies steps taken to achieve the 30 by 30 goal thus far; and (3) considers potential future measures that can be taken to reach the 30 by 30 goal.

March 17, 2023May 2, 2023

Environmental Personhood and the Rights of Rivers

By Monishaa Suresh

This is the first entry of a two-part post on environmental personhood. It defines and explains the history of environmental personhood both domestically and internationally. The second post explores the concept of legal personhood for rivers with a focus on two rivers that have already been granted personhood — the Whanganui in New Zealand and the Atrato in Colombia.

“Legal personhood” can be conferred to non-human entities, essentially treating them as people for limited legal purposes such as allowing the entities to sue, own property, and enter into contracts. This is not a new concept as corporations have long been considered “legal persons.” This then begs the question: if we can confer such legal protection to multi-billion dollar corporations, why can’t we do the same for the environment?

January 30, 2023April 4, 2023

The Corrupt Past of PFAS and Corporate Greed [1]

By Johanna Adashek

As early as the 1970s, the companies that manufacture and sell PFAS have known that their chemicals were apparent in human blood, at levels far higher than what was safe. Before the public was aware of the threat that PFAS posed to public health and safety, a farmer in West Virginia, Wilbur Earl Tennant, witnessed dozens of his cows die and was determined to find the cause. Tennant observed and recorded foamy discolored water spewing into his creek from a pipe connected to an industrial landfill. He also recorded self-officiated autopsies on his diseased cows that showed that the cows had been destroyed from the inside out. Tennant had attempted without success to find legal assistance in his town and from various government sources, including the state veterinarian. However, a neighbor’s friend, who had a grandson who worked as an environmental lawyer in a big firm in Ohio, led Tennant to Rob Bilott. For the next two decades, Bilott went head to head with the companies behind PFAS.