Joshua L. Milrad

All articles by Joshua L. Milrad


Taking a “Hard Look”

In August 2017, decades long dispute involving the U.S. Department of the Interior, the Province of Manitoba, North Dakota, and Missouri, arising from a proposed water reclamation project was resolved in Government of the Province of Manitoba, et al. v. Zinke, et al., 2017 WL 3437658 (D.D. C. August 10, 2017). In 1987, the Bureau of Reclamation created the Northwest Area Water Supply Project (NAWS or Project) to respond to water problems in Northcentral and North Western North Dakota. The
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Court Rejects the EPA’s Efforts to Stay the Methane Gas Rule

In 2016, the Environmental Protection Agency implemented a rule for fugitive methane gas and other greenhouse gasses to reduce pollution. Methane gas is considered a greenhouse gas because in the air, unused methane absorbs the heat from the sun and poses a global warming potential that is about 21 times greater than carbon dioxide. The Methane Gas Rule imposed “new source performance standards” on the oil and gas industry. The new performance standards, which were effective as of August 2, 2016, required the oil and gas industry to conduct an initial monitoring survey and identify and repair any methane leaks by June 3, 2017. Just
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The EPA’s Action Plan to Restore a Cornerstone of its Mission

In May, E. Scott Pruitt, EPA Administrator, issued a memo about prioritizing the Superfund Program and establishing a commission to expedite the identification and revitalization of superfund sites. CERCLA created the Superfund Program in 1980, but efforts to revitalize superfund sites have lately been delayed by red tape, funding issues, bankruptcies, and court proceedings. In his memo directed to the deputy administrator, the inspector general, assistant administrators, and other high level personnel, Pruitt vowed that “the EPA’s Superfund land and
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A Gang of Thirteen — The Attorneys General Condemning Rollback of Federal Emissions Standards

On March 15, 2017, President Trump rescinded “executive action of new vehicle emission standards” claiming that the previous administration had set these federal fuel efficiency standards “far into the future” and then threatened auto jobs by cancelling a previously promised midterm review of the standards. Trump stated that “if the standards threatened auto jobs then common sense changes could have and should have been made.” Trump claimed that “[j]ust days before my inauguration the previous administration cut short the promised
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Pruitt Intends to Rebalance the EPA – Rejecting the idea that “You Can’t Have Your Cake and Eat It Too”

In March, Scott Pruitt, the administrator of the Environmental Protection Agency, discussed a new direction for the EPA during his remarks at Ceraweek, an annual conference involving leaders in industry, energy, the financial sectors, and government. In his opening statements, Pruitt discussed changes at the EPA dedicated to these core values: (1) where process matters; (2) the rule of law will be respected; and, (3) cooperative federalism. Pruitt explained this new balance as a synergy of pro-growth and environmental policy.
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