From Julie Kendig of GT Orlando:

On Friday, September 2, 2011, Cass Sunstein, of the Executive Office of the President, Office of Management and Budget, returned the draft final rule, "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards," to EPA with the statement that the President does not support finalizing the rule at this time.  In his transmittal letter to EPA, Mr. Sunstein stated that the draft rule warrants reconsideration and emphasized three points.  First, EPA is required to revisit the national ambient air quality standards in 2013 and the issuance of a new rule late in 2011 would be problematic because the standards are required to be revisited shortly thereafter.   Second, the transmittal letter expressed concern that the currently proposed standards are based upon a review of scientific literature from 2006.  Updated research is being performed which could better meet the requirements of Executive Order 13563 which states that our regulatory system "must be based on the best available science."  Finally, the transmittal letter noted other recent rules promulgated by EPA to address air quality issues and quoted various executive orders regarding the regulatory system.  Mr. Sunstein also described his general directive from the President to work with agencies to minimize regulatory costs and burdens. 

Reaction to the decision to return the draft rule has been mixed.  The U.S. Chamber of Commerce’s CEO Thomas Donahue issued a statement including the following: “This an enormous victory for America’s job creators, the right decision by the President, and one that will help reduce the uncertainty facing businesses. It’s also a big first step in what needs to be a broader regulatory reform effort."   The Sierra Club Executive Director and the Natural Resources Defense Counsel President, among other environmental group leaders,  have issued statements critical of the decision. 

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.