The NEPA "Mobius Loop"

Posted on March 8, 2011 by Caleb Holmes

In David Mandelbaum's monthly column in the Legal Intelligncer/Pennsylvania Law Weekly, Monique Mooney considers the problem of the "NEPA mobius loop."  Environmental impact statements may take sufficiently long to prepare that when completed they are out of date.  The column uses as an example the recent litigation over deepening of the Delaware River Main Channel.

Click the links to read the column,  "Just Two Looks, That's All it Took: Cutting off the NEPA Mobius Loop", and the opinions related to the Delaware River Main Channel deepening: New Jersey Dept of Env. Protection v. U.S. Army Corps of Engineers, et al., No. 09-5591 (D.N.J. Jan 13, 2011) and Delaware Dept. of Nat. Res. & Env. Control et al. v. U.S. Army Corps of Engineers, et al., No. 09-821-SLR (D. Del. Nov. 17, 2010).   

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EPA Postpones Deadline for Reporting 2010 GHG Emissions

Posted on March 2, 2011 by Caleb Holmes

From Stephen Jones of GT Philadelphia:

On March 1, 2011, the Environmental Protection Agency (EPA) postponed indefinitely its deadline for companies to report their 2010 emissions of greenhouse gases. Pursuant to a rule issued by EPA in October 2009, sources of greenhouse gases emitting more than 25,000 metric tons annually of carbon dioxide-equivalent were required to begin measuring their emissions on January 1, 2010, and to report them for the first time on or before March 31, 2011. According to EPA, approximately 10,000 facilities in the country were affected by this rule. According to reports of EPA's action yesterday, the reporting deadline was delayed because EPA's electronic reporting tool was not ready and needed more testing. EPA indicates that a new deadline will be announced before March 31. Given the reported schedule for completing the reporting tool, the new deadline likely is to be early summer.
 

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