On July 30, 2008 (73 FR 44354–44520), EPA issued an advance notice of proposed rulemaking soliciting input on how to proceed in response to the U.S. Supreme Court’s ruling that the current provisions of the CAA provide EPA ample authority to regulate carbon dioxide emissions (Massachusetts v. EPA, No. 05-1120 [U.S. April 2, 2007]).

Updated NSPS for Petroleum Refineries Issued

In a June 24, 2008 final rule (73 FR 35838–35881), EPA revised the current new source performance standards (NSPS) for petroleum refineries.

CERCLA Conditions Must Be Met in Toxic Tort Case for Discovery Rule to Apply

In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit ruled that CERCLA cleanup conditions must be satisfied before a superfund discovery rule that can preempt state statute of limitation laws in certain toxic tort cases applies (Barnes v. Koppers Inc., No. 06-60708 [5th Cir. June 30, 2008]).

NPDES General Storm Water Permits for Construction Activities Issued

In a July 14, 2008 notice (73 FR 40338–40343), EPA issued the agency’s 2008 National Pollutant Discharge Elimination System general discharge permits for storm water discharges from construction activities.

SUSTAINABLE DEVELOPMENT

Big Ships Leave Big Footprints

If global shipping was a country, it would be the sixth largest emitter of greenhouse gases (GHGs) in the world.

CLIMATE CHANGE

Climate Change Threatens US Security

In June 2008, the US intelligence community completed a classified analysis of the national security implications of climate change.