Recent Developments Blog

The April 2013 issue of Wisconsin Interest, the magazine published by the Wisconsin Policy Research Institute, has an article making an economic and environmental argument in favor of frac sand mining. The article, "Mining Success," also discusses the impact the sand industry has had on local governing boards.

The EPA has formally proposed revisions to its effluent guidelines for stormwater discharges from construction and development point sources. The proposed rule would make several revisions to the non-numeric requirements of the existing rule, as well as withdraw the numeric discharge standards.

On March 28, EPA finalized revisions to the Mercury and Air Toxics Standards, or MATS (also known as “Utility MACT”) for new power plants, which were originally promulgated in February 2012.

A new blog post by Will Haun on the Federalist Society's Executive Branch Review, Suing, Settling, and the Separation of Powers, outlines the path some federal agencies are taking to avoid the formal rulemaking process and Congressional oversight. The blog takes an academic look at "'sue to settle' – an effort led by activist groups and some state governments to sue federal agencies in the hope of a settlement to enact rules favorable to the plaintiff’s goals. These settlements, some assert, sometimes exceed the underlying legal authority of the involved federal agency."