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Thomas H. Clarke, Jr.
Failure to make objections with clarity to proposed agency rules dooms a later petition for review, rules D.C. Circuit in CAA case

In 2005, Congress amended the Clean Air Act to require EPA to promulgate regulations governing air quality monitoring during so-called "exceptional events." 42 U.S.C. § 7619(b) . The amended statute defined "exceptional event"...

Thomas H. Clarke, Jr.
Extreme Ice: What is happening to the world''s glaciers?

Prior posts have noted the various studies that have been looking at the impacts of global warming on the world's glaciers. An excellent NOVA-National Geographic program, entitled Extreme Ice, follows photographer James Balog and his time-lapse photography...

Thomas H. Clarke, Jr.
EPA to adopt new methodology to assess chemical risk

Like most regulatory agencies, EPA relies heavily on animal studies for assessing the potential health risk from a particular chemical. Various strains of rats and mice are dosed with various concentrations of a chemical and the effect assessed; using...

LexisNexis Legal Business Community Staff
Mark Bennett of Miller Canfield on Green Building Transactional Disclosure Regulations

On this edition, Mark Bennett of Miller Canfield in Detroit discusses the origins of green building transactional disclosure regulations, the increase in their use and possible impact. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc....

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Thomas H. Clarke, Jr.
Department of Transportation slightly increases mileage requirements for 2011

Prior posts have noted the earlier mileage standards set for automobiles and light trucks, and noted that current technology was capable of significantly increasing mileage without major alternations in fleet makeup (e.g., more gasoline-electric hybrids...

Thomas H. Clarke, Jr.
Fish & Wildlife Service advisory committee seeks to establish best practices for wind turbines to minimize harm to birds and bats

Controversy over the potential for adverse impacts [no pun] on birds and bats from wind turbines have featured prominently in some recent litigation. See, for example, Center for Biological Diversity, Inc., et al v. FPL Group, Inc., et al (2008), 166...