We all know the federal government is hamstrung by partisan gridlock. Where once lawmakers recognized that passing legislation required that both parties end up being able to claim success, that no one got everything they wanted, and that progress was never perfect, today there seem to be new rules holding forth: “I will only ‘compromise’
Latest from Science, Law & the Environment
The View From The Pacific Northwest: What to Watch in Environmental Law and Policy Post-Inauguration, Part 2
Note: this is part 2 of 3 in my series of how the new administration may impact environmental law and policy in the Pacific Northwest. For background, please see Part 1.
Tribal Relations
One of the key factors influencing environmental law and policy in the Pacific Northwest is the presence of and obligations owed
The View From The Pacific Northwest: What to Watch in Environmental Law and Policy Post-Inauguration, Part 1
On Friday morning, I boarded a plane in Chicago and by the time I touched down in Seattle, Trump had been sworn into office. We’ve received a number of questions from clients and friends asking us how the regime change will impact environmental law and policy in the Pacific Northwest. The quick answer is one
EPA Promulgates New Water Quality Standards for Toxics in Washington: Rejecting the Vast Majority of the Criteria Developed by the Washington Department of Ecology
If you have not yet seen the press, yesterday, EPA issued its final rule revising water quality standards for toxics in Washington. This finalizes the draft rule published more than a year ago, and comes on the heels of the lawsuit brought against EPA for not finalizing that rule in a timely fashion. It also
Wherefore Art Thou, Fisher? U.S. Fish & Wildlife Service Decides Not to List the Pacific Fisher
On April 14, 2016, the U.S. Fish and Wildlife Service (USFWS) announced that it would not list the Pacific Fisher under the Endangered Species Act. The fisher (Pekania pennant) is presently found in Southern Oregon, Northern California, and the Southern Sierra Nevada Mountains, although historically, the species ranged the northern forests of Canada and the United
Breaking: Puget Soundkeeper and Others Sue EPA (Again) Alleging Failure to Adopt Water Quality Standards for Washington that Account for Higher Fish Consumption Rates
Earthjustice, representing a number of environmental groups, sued EPA on Friday alleging that EPA is in violation of the Clean Water Act because it has not finalized the draft rule it published back in September that set water quality standards for toxics in Washington based on higher fish consumption rates. This lawsuit is not a surprise,
Breaking: EPA Issues Draft Rule Revising Washington’s Water Quality Standards for Toxics to Account for Higher Fish Consumption Rates
Yesterday, following quickly on the heels of Governor Inslee’s withdrawal of Washington’s version of the fish consumption rule, EPA released draft water quality standards for toxics for Washington. These standards, if adopted, are significantly more stringent than those Ecology had proposed.
Back to the Drawing Board: What’s Next for the Fish Consumption Rule in Washington State?
I have written extensively on the efforts by the Washington Department of Ecology to revise Washington’s Water Quality Standards to account for a higher fish consumption rate. This summer was when we were supposed to see the final rule be submitted to EPA for review and possible approval. In a nutshell, the controversy around this
Ecology Begins Work on MTCA Model Remedies: What Can Washington Learn From Other Jurisdictions?
In 2013, the Washington Legislature passed SSB 5296, which amended the Model Toxics Control Act in a number of ways. One of those amendments directed Ecology to adopt “model remedies,” defined as “a set of technologies, procedures, and monitoring protocols identified by [Ecology] for use in routine types of clean-up projects at facilities that