July 31, 2015

August 3 PA Environment Digest Now Available

The August 3 PA Environment Digest is now available.  Here are just a few of the headlines--

The Chesapeake Bay Foundation-PA Wednesday issued the following statement from Pennsylvania Assistant Executive Director Lee Ann Murray, explaining its conditional support of a severance tax on natural gas extraction in the Commonwealth.

The Chesapeake Bay Foundation-PA has a new online tool available to help you find out which streams in your county do not meet water quality standards.  About 19,000 miles of Pennsylvania waters are impaired. Agriculture is the largest source of pollution to the Commonwealth’s streams and rivers.   The second leading cause of pollution in Pennsylvania is acid mine drainage from the legacy of coal mining in parts of the state.

By Coleen P. Engvall, Research Analyst, Joint Conservation Committee
Pennsylvania experiences a lot of rain. When one considers the droughts causing havoc on the West Coast, the amount of rainfall the commonwealth enjoys is certainly a blessing. But it can also have its drawbacks.
In a report released by the University of Pittsburgh, the unique difficulties associated with plentiful rainfall and water resources are explored, as well as a way to mitigate them.
The publication, Green Infrastructure: Status Report, describes technologies that simultaneously filter and slow storm waters, preventing flooding, erosion and the pollution of waterways.

The U.S. Environmental Protection Agency will announce the final version of its Clean Power Rule under Section 111(d) of the federal Clean Air Act on August 3, according to PennFuture.   
This first-ever federal rule to curb carbon pollution from power plants seeks to cut carbon emissions by 30 percent by 2030 by requiring states to come up with carbon reduction measures  in the form of amendments to their Air Quality State Implementation Plans.
While there are no details at this time, Pennsylvania state law requires extensive public participation in the development of an amendment to the State Implementation Plan and a specific law was passed in 2014 requiring a special review procedures for state plans developed to implement Section 111(d).

Keep Pennsylvania Beautiful is encouraging educators in Pennsylvania to get their schools involved in the Recycle-Bowl Competition.  The Recycle-Bowl competition begins October 19 and runs through November 15.

The Commonwealth Financing Authority is now accepting applications for energy-related programs-- the High Performance Building Program and Renewable Energy Program.  Applications are due September 9 for action by the Authority on November 10.

To read the Digest, visit: www.PaEnvironmentDigest.com.  Click Here to print the entire Digest.

PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department of Environmental Protection, and is published as a service of Crisci Associates.


Additional Tools--
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Click Here for a Calendar of Upcoming Events.
Click Here to search back issues of the Digest.
PA Environment Digest Twitter Feed: Update on PA environmental issues.
PA Environment Daily Blog: Update on PA environmental issues.
Green Works In PA Google+ Circle: Update on PA environmental issues.
Questions?: Send email to David Hess at: DHess@CrisciAssociates.com

Casey, Toomey Applaud Nomination Of 4 To Federal District Courts In PA

Following the announcement of President Obama's nomination of Judge Susan P. Baxter, Judge Robert J. Colville, and Judge Marilyn J. Horan to the United States District Court for the Western District of Pennsylvania, and Judge John M. Younge to the United States District Court for the Eastern District of Pennsylvania, U.S. Senators Bob Casey (D-Pa.) and Pat Toomey (R-Pa.) released the following statements:
“The nominees announced today by President Obama are highly skilled legal professionals who will bring fairness and integrity to their work on the federal bench,” Senator Casey said. “Judge Baxter has earned a sterling reputation as an excellent jurist during her two decades as a Federal Magistrate Judge in the Western District of Pennsylvania. Judge Robert Colville has served on the Court of Common Pleas for Allegheny County with distinction for the last fifteen years. Judge Marilyn Horan has spent her legal career serving the people of Western Pennsylvania and will do excellent work on the federal bench in the Western District of Pennsylvania. Judge Younge has built a long record as one of Philadelphia’s most respected Common Pleas Court judges and now has the opportunity to continue his work on the federal bench. I appreciated working with Senator Toomey in a bipartisan fashion to recommend these individuals to the White House. Over the last years, Senator Toomey and I have successfully completed the nominations and confirmation of 14 Federal District Court judges in Pennsylvania. I look forward to continuing to work with Senator Toomey to recommend highly qualified individuals for the federal bench.”
"I am pleased that President Obama will nominate Judge Susan P. Baxter, Judge Robert J. Colville, Judge Marilyn J. Horan, and Judge John M. Younge to serve on the federal district court in Pennsylvania," said Senator Toomey. "These nominees possess a wealth of legal experience from their work in both the public and private sectors. I am confident that they have the acumen, integrity, and respect for the limited role of the judiciary that they need to excel as federal judges. Moreover, today is especially good news for Erie since the city’s federal courthouse will have a sitting judge for the first time in 2 years. As we have done over the years, I look forward to working with Senator Casey on a bipartisan basis to have these outstanding nominees confirmed by the Senate."
Since Senator Toomey joined the Senate in 2011, Senators Casey and Toomey have worked together, in a bipartisan fashion, to fill vacancies on the federal bench in Pennsylvania. Together, they have vetted, recommended, and confirmed 14 Federal District Court Judges and one Circuit Court Judge for Pennsylvania — more than every state but California and New York during this time.
-- Judge Susan Paradise Baxter: Nominee for the United States District Court for the Western District of Pennsylvania
Judge Susan Paradise Baxter has served as United States Magistrate Judge in the Western District of Pennsylvania from 1995 to the present, serving as Chief Magistrate Judge from 2005 to 2009.  Prior to her appointment as a Magistrate Judge, Judge Baxter worked as the Court Solicitor for the Court of Common Pleas of Erie County, was a partner at the Washington, D.C. law firm of Cole, Raywid & Braverman (now Davis Wright Tremaine LLP).  Judge Baxter received her J.D. from Temple University School of Law in 1983, a M.Ed. from Temple University in 1980, and a B.S. from Pennsylvania State University in 1978.
-- Judge Robert John Colville: Nominee for the United States District Court for the Western District of Pennsylvania
Judge Robert John Colville has served as a judge on the Court of Common Pleas for Allegheny County since 2000. Judge Colville currently presides over civil matters. Since 2012, he has also served as a judge on the Pennsylvania Court of Judicial Discipline.  Previously, Judge Colville worked as an associate at the law firm of Pietragallo Bosick & Gordon in Pittsburgh. He began his legal career by serving as a law clerk to the Honorable Ralph J. Cappy, Chief Justice of the Supreme Court of Pennsylvania. Judge Colville received his J.D. from Duquesne University School of Law in 1992, and his B.A. from Pennsylvania State University in 1989.
-- Judge Marilyn Jean Horan: Nominee for the United States District Court for the Western District of Pennsylvania
Judge Marilyn Jean Horan has been a judge on the Court of Common Pleas for Butler County since 1996. Judge Horan currently serves in the civil division. During her tenure on the bench, Judge Horan has also presided over criminal and family law cases.  Previously, from 1979 to 1996, Judge Horan worked at the law firm of Murrin, Taylor, Flach & Horan, where she was elevated to partner in 1982. Judge Horan received her J.D. from the University of Pittsburgh School of Law in 1979, and her B.A. magna cum laude from Pennsylvania State University in 1976.  
-- Judge John Milton Younge: Nominee for the United States District Court for the Eastern District of Pennsylvania
Judge John Milton Younge has been a Judge on the Court of Common Pleas for the First Judicial Circuit of Pennsylvania since 1996. Judge Younge has extensive experience presiding over both criminal and civil cases. From 1985 to 1995, Judge Younge worked at the Philadelphia Redevelopment Authority, serving as Deputy Executive Director and subsequently as General Counsel. He began his legal career as a solo practitioner in Philadelphia. Judge Younge received his M.J.S. in 2011, from the University of Nevada, Reno, his J.D. in 1981 from Howard University School of Law, and his B.S. in 1977 from Boston University.

Friday NewsClips

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July 30, 2015

EPA Set To Announce Final Clean Power Rule On Climate Monday

The U.S. Environmental Protection Agency will announce the final version of its Clean Power Rule under Section 111(d) of the federal Clean Air Act on August 3, according to PennFuture.   
This first-ever federal rule to curb carbon pollution from power plants seeks to cut carbon emissions by 30 percent by 2030 by requiring states to come up with carbon reduction measures  in the form of amendments to their Air Quality State Implementation Plans.
While there are no details at this time, Pennsylvania state law requires extensive public participation in the development of an amendment to the State Implementation Plan and a specific law was passed in 2014 requiring a special review procedures for state plans developed to implement Section 111(d).
State Air Pollution Control Act
All amendments to the state Air Quality State Implementation Plan are reviewed by DEP’s Air Quality Technical Advisory Committee and subject to public hearings as required by the state Air Pollution Control Act.
Any regulations required to implement the revision to the State Implementation Plan are, in addition, also reviewed by the Air Quality Technical Advisory Committee and DEP’s Citizens Advisory Council, require approval by the 20-member Environmental Quality Board, review by the Independent Regulatory Review Commission and the environmental committees of the House and Senate under the state Regulatory Review Act.
Regulations can be disapproved by the IRRC and the House and Senate can pass a resolution, just like a piece of legislation, to kill the regulations and present it to the Governor for his action.
Any changes in state law required to implement the EPA Section 111(d) requirements would have to be passed by the General Assembly and signed into law by the Governor.
PA Greenhouse Gas Regulation Implementation Act
In addition to these basic reviews, the PA Greenhouse Gas Regulation Implementation Act passed in 2014 establishes a review process by the General Assembly and a one-House veto of any Section 111(d) climate plan DEP would develop in response to a final EPA regulation.
The Act also outlines a series of 12 factors DEP is to take into consideration in developing a Section 111(d) plan.
PA Climate Change Act
Under the 2008 PA Climate Change Act, DEP was directed to developed and has developed a Climate Change Action Plan with recommendations on how to reduce greenhouse gas emissions in the state.
A Climate Change Advisory Committee was formed to help in that process and has been helping guide DEP in the development of the Action Plan, an adaptation plan, a greenhouse gas inventory and other work plans associated with its responsibility.
The Path Forward
Once EPA has finalized the Section 111(d) regulations, the job of the Department of Environmental Protection will be to develop a plan to implement those regulations taking into account all the various reviews required of that plan and its related regulations under state law within the timeframes established by EPA in the final rule.
Under the Corbett Administration, DEP submitted comments on the Section 111(d) proposal by EPA that raised basin concerns with the outline and details of the Plan.
Since taking office, both Gov. Wolf and DEP Secretary John Quigley have said they will take a different approach on Section 111(d) than the Corbett Administration, while coming up with a “Pennsylvania solution” to the issue that respects the role coal plays in the state.
The specifics will, no doubt, unfold at some point after EPA’s announcement Monday.

Thursday NewsClips

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July 29, 2015

Feds: Fattah Indicted For Illegal Campaign Loan

The Philadelphia Inquirer reported Wednesday U.S. Rep. Chaka Fattah and four associates were indicted Wednesday on racketeering charges "involving several schemes that were intended to further the political and financial interests" of them all, according to the U.S. Attorney's Office.  Click Here to read the entire story and the indictment.

Wednesday NewsClips

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