Tom Ewing’s Environmental Update


* Hard to believe but today, September 6, is the day that States were to hand in programmatic decisions for EPA’s Clean Power Plan – you remember that, right? Last February, the Supreme Court stayed the Plan, allowing federal courts to review the merits of the rule. The legal action starts up soon with oral arguments scheduled in the United States Court of Appeals DC Circuit. The schedule allows just a little over three and a half hours for attorneys to cover five main issues.

* A while ago I noted California’s E-Trip program – the requirement for certain employers in the San Joaquin Valley to survey and monitor and record how their employees get to work. This is an air pollution control strategy, officially and formally placed in the State’s SIP – in other words, federally enforceable. Ozone levels hit hard this summer in CA. The SJV Air Pollution Control District has scheduled three “marketing classes” for employers to “learn the basics about communicating with your employees about the eTrip Rule and air quality.” Whaddya think…? I bet this is really popular!

* Last June, the Federal Trade Commission requested public comments on a revised “Guide Concerning Fuel Economy Advertising for New Automobiles.” In July, FTC extended the comment period to September 7, tomorrow. So far, just four comments posted on FTC’s docket. This is important because one focus is on the accuracy of claims regarding ethanol, electrics and hybrids, a touchy subject, for many reasons.


Tom Ewing