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However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the CleanAirAct, the CleanWaterAct, the Safe Drinking WaterAct), as a result, EPA programs are often implemented narrowly, not holistically. But we cannot stop there.
She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.”
The Court’s embrace of the ill-defined “ major questions doctrine ” as the rationale for refusing to give any deference to EPA’s admittedly “plausible” interpretation of section 111 d of the CleanAirAct has raised the specter of the Court’s conservative majority taking a sharp axe to any number of environmental regulations.
Bedrock federal environmental, health, and safety laws have gaping loopholes and exemptions that allow radioactive oil and gas materials to go virtually unregulated, including the Resource Conservation and Recovery Act that governs waste management, the Atomic Energy Act, the CleanWaterAct, the Safe Drinking WaterAct, and the CleanAirAct.
President John F Kennedy introduced the CleanAirAct in the US as one of many introduced in developed nations with heavy industry (15). In 2008, there were 400,000 with over 90% of them in captive herds with a gradual increase in wild herds of both plains and woodland bison. Their status today is “Near Threatened”.
EPA lost all three of the biggest cases since 2008. The CleanWaterAct requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? Since Obama’s election in 2008, the two sides have more or less switched. Train, 420 U.S.
In addition, the court rejected the contention that the CleanAirAct or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Department of Transportation, and NHTSA.
The court said that having remanded to the Corps for consultation under the Endangered Species Act, it was not necessary to determine whether the Corps “made a fully informed and well-considered decision” under NEPA and the CleanWaterAct. On April 6, the court issued written reasons for its decision.
The CleanAirAct provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” Supreme Court reversed the Tenth Circuit and upheld “extension[s]” of exemptions from renewal fuel program requirements for three small refineries.
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