Russell S. Frye

Climate tort actions saw 2 losses this wk: MD Sup. Ct. rejected climate cases against fossil-fuel companies; and Utah enacted law giving immunity for claims of climate-related harm, similar to bills now pending in several other state legislatures

U.S. Supreme Court agreed today to hear another NEPA case, concerning whether the Air Force needed to prepare an Environmental Impact Statement for impact of ordnance disposal by open detonation on a beach in Guam, as decided last year by Ninth Circuit Ct. of Appeals

Yesterday EPA extended deadline for greenhouse gas emission reporting for 2025 reporting year from next month to 10/30/26. But EPA also is likely to drop GHG reporting requirements entirely for 46 source categories before that new reporting deadline.

Interesting take on recent EPA proposed changes to Clean Water Act sec. 401 certifications as diminishing the exercise of tribal sovreignity: thecirclenews.org/news/epa-wants… via @The Circle News

Today S. Ct. announced it will hear case that may resolve long-simmering question whether state & local govts. can sue energy companies for alleged damages caused by GHG emissions from using fossil fuels. Outcome could be affected by EPA repeal of endangerment finding & GHG regs.

Environmental Integrity Project's report on EPA enforcement in 2025 shows large drop-off, even from 1st year of Trump45. Especially striking: Only 2 civil enforcement actions filed in fed. dist. cts. for CAA violations and only 5 for CWA. tinyurl.com/bdzca3nr

Are worries about microplastics in your brain keeping you up at night? New article describes how the public narrative is getting ahead of the analytical data: theguardian.com/environment/20…

@Bren_Wilkins @DOJEnvironment @TheJusticeDept Actually, @Bren_Wilkins, most gasoline- and diesel-powered cars are required to undego biannual emissions testing to be registered in the five counties of Virginia that are part of the DC metro area.

Today, @TheJusticeDept is exercising its enforcement discretion to no longer pursue criminal charges under the Clean Air Act based on allegations of tampering with onboard diagnostic devices in motor vehicles.

DC Circuit today denied rehearing en banc for SSM Litigation Group v. EPA, 150 F.4th 593, confirming EPA lacked justification for eliminating affirmative defense for emergencies in Clean Air Act Title V operating permits

Oct. 1 proposed revisions to MACT standards for Secondary Lead Smelting asks for comments on several aspects that would depart from previous EPA "technology review" rules, including allowing affirmative defense for malfunctions and no standards for de minimis pollutants

D.C. Circuit 3-0 decision on Sept. 5 struck down EPA 7/21/23 rule that ordered ~80% of states to remove affirmative defense for excess emissions caused by "emergencies" from their CAA Title V permit programs, which had been allowed since 2003. Opinion: bit.ly/4mM6lgJ

Yesterday, U.S. District Court for D.C. dismissed suit challenging EPA cancellation of $2.8 billion in Biden-era environmental & climate justice grants; Southern Environmental Law Center should have sued in Federal Court of Claims

In Fox News interview last night EPA Admin. Zeldin attributed move to rescind CAA "endangerment finding" for GHG emissions from motor vehicles to 2024 SCt Loper Bright opinion getting rid of Chevron deference and requiring best reading of statute. Essentially, "the Court made us"

The Senate has finally taken a vote to confirm Aaron Szabo as Assistant Administrator heading EPA's Office of Air and Radiation, where most of EPA's regulatory reform efforts are taking place now

7/17 EPA Admin. Zeldin announced upcoming permitting reforms, in the context of AI dominance, that will affect permitting of new sources & modifications of all sorts: tinyurl.com/yfr7b96b. E.g., on 7/16 EPA withdrew restrictive 5/3/24 proposed project emissions accounting rule

The Senate Parliamentarian has ruled that a provision in the "big, beautiful" budget reconciliation bill undoing conversion of Postal Service fleet to EVs cannot be addressed through reconciliation.

Congressional Review Act now being used to undo EPA and other env. rules. Senate today passed, by 55-45 vote, H.J. Res. 61, now to Trump for signature. Nullifies additional hazardous air pollutant stds. for rubber tire plants EPA adopted in Nov., despite already low health risk.

My friend Greg Bertlesen is heading a new coalition based on the concept that promoting American manufacturing expertise and innovation, including favorable trade policies, will lower global emissions. See axios.com/2025/03/21/lob…

EPA Admin. Zeldin announced on Fox News tonight that EPA will be vacating "7 floors of the Ronald Reagan Building." No mention of whether employees there will be moved to the adjacent Wm. Jefferson Cliniton Bldg.

Interesting "greenwashing" case: Md. Public Service Comm. ruled Thursday that Washington Gas Light misled consumers in mailings stating that natural gas is "clean energy" with no environmental impacts and that choosing gas over electricity would save "acres of trees."