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In 2011, in AEP v. CT , the Supreme Court said this: We hold that the CleanAirAct and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. 410 (2011). Now, in West Virginia v. Connecticut , 564 U. Post, at 20.
497 (2007), the Supreme Court held that greenhouse gases are “pollutants” under the CleanAirAct but left open the specific question of whether greenhouse gases could be regulated under the PSD Program. EPA, 549 U.S. For more information on the announcement, see the EPA New Source Review.
Except in this case, it appears she helped tie the department’s hands: According to the Daily Montanan , Nowakowski herself drafted the original 2011 MEPA limitation for a state senator.
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 Clean Water Act, the Safe Drinking Water Act, and the CleanAirAct.
House of Representatives passed the PFAS Action Act of 2011 , requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. On July 21, 2021, the U.S. EPA has previously established non-enforceable drinking water health advisories for PFOA and PFOS of 70 ppt.
By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching CleanAirAct rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug. Tribune, Sept.
Moreno: On August 23, 2011, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that significantly expands the applicable air emissions standards for the Oil and Natural Gas Sector. The public comments period for the proposal ends on October 24, 2011. By Carlos J. See 76 Fed. 52738 (Aug.
However, these standards were vacated by the United States Court of Appeals for the District of Columbia Circuit after the Court found EPA’s definition of “commercial or industrial waste” conflicted with the language of the CleanAirAct in NRDC v. 01-1537, 2011 U.S. 20, 2011). EPA , 489 F. 3d 1250 (D.C.
Moreno On May 3, 2011, the U.S. Under the CleanAirAct (CAA), states have authority to implement the federal National Ambient Air Quality Standards (NAAQS) if the state submits, and EPA approves, a State Implementation plan (SIP). The interim final rule was set to expire on April 30, 2011. by: Carlos J.
Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). EPA issued CSAPR in August 2011 pursuant to Sec.
This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a CleanAirAct rulemaking. For example, EPA projected a total of just 4,700 MW of coal capacity retirements under the 2012 Mercury and Air Toxics Standards rule.
is a shift for this historically CleanAirAct-friendly Court. EPA) is one for the CleanAirAct (CAA) record books. Since the CleanAirAct was enacted in 1970, EPA has been directed to regulate the emission of toxic chemicals by coal and oil fired power plants but had neglected to do so.
The federal CleanAirAct allows the EPA to delegate permitting authority to states that adopt and follow an EPA-approved State Implementation Plan (“SIP”). Under the bill, the GHG permitting process will be exempt from TCEQ’s contested case hearing requirements in an effort to make the process more efficient.
Background Section 112(n)(4) of the CleanAirAct, 42 U.S.C. § Under the new rules, storage tank emissions will not be aggregated with well emissions, and storage tank and glycol dehydrator emissions may be aggregated separately.
Environmental Protection Agency (EPA) had failed to fulfill its non-discretionary obligation under Section 321(a) of the CleanAirAct to conduct evaluations of loss or shifts in employment that might result from implementation of the CleanAirAct. Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D.
Such smoke is not covered by the CleanAirAct , and there is growing evidence that it is eroding decades of gains in the nation’s air quality under the act. across the US from 2011 to 2020. A new study by researchers at UCLA found that the fine particulate matter (known as PM2.5) the eastern US).”
Featuring libation and prayer, local speakers, West African drumming and dancing, and the ritual planting of the carving in the ground. -- A new petition seeks to hold US Steel accountable for their harmful pollution and violation of the CleanAirAct. Melanie came to environmental justice after experiencing incredible loss.
Million For Drilling Violations In Greene, Clearfield Counties [January 2018] -- DEP Assesses CNX Gas Drilling $433,500 For Violations In Greene County [January 2018] -- DEP Issues Cabot Oil & Gas $99,000 Penalty For Numerous Well Site Air Quality Violations In Susquehanna County [December 2017] -- EHB Issues $1.1
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
The Gruenspecht effect refers to an economist who in his Yale PHD thesis argued that the CleanAirAct can unintentionally make air pollution worse in the short run if car drivers keep their old cars longer because regulation raises the price of new cars (a regulation induced substitution effect). This point generalizes.
EPA proposed a rule in June of 2021 under its TSCA Section 8(a)(7) authority to collect information on any PFAS manufactured since 2011, including information on uses, production volumes, disposal, exposures, and hazards. Evaluate whether PFAS Compounds should be Designated “Hazardous Air Pollutants” under the CleanAirAct.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
Oliver Schmidt had previously pleaded guilty to violating the CleanAirAct and conspiracy to defraud the US government in August for his role in Dieselgate, where VW was found to have used hidden software to hide the fact that many of its cars weren’t meeting emissions standards. Volkswagen of America, Inc.
This track record is even more troubling considering that the CleanAirAct requires that only science can be used when setting the standard for major ambient air pollutants, something I covered in depth in a previous blog post. The Obama administration continued this ugly tradition.
In 2011, a unanimous Supreme Court held in American Electric Power Co. Connecticut that federal common law-based climate change cases are displaced by Congressional passage of the federal CleanAirAct. The industry defendants have at least one more legal card to play before these cases have a chance to go to trial.
Those standards, which my UCLA Law colleague-turned Chief Counsel of NHTSA, Ann Carlson, wrote about in 2011 , were designed to have cars hitting an average fuel economy of 54.5 mpg by 2025. A total of ten lawsuits ended up as a consolidated action in the D.C.
He created the Marcellus Shale Advisory Commission in 2011. Released from a lot of federal oversight, it left this big, blank slate for states to regulate the industry in whatever manner suited them. Corbett, most simply created the appearance of taking a look at all the issues surrounding shale gas operations, including health. Note: Dr.
The bill also would establish a grant program under the Safe Drinking Water Act for assistance to community water systems affected by PFAS to pay for capital costs associated with treatment technologies. The House bill ( H.R. 33926 (June 28, 2021).]] 31225 (June 11, 2021).]] The comment period on the ANPRM closed on July 26, 2021.
Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of CleanAirAct Jobs Study Case. In March 2011, pursuant to the 2002 Act, the Minister had set a target of 50% reduction from 1990 greenhouse gas (GHG) emissions levels by 2050. Foster , No. 34-2016-CR-00187 (N.D. decision Sept. 15-1363 (D.C.
The appellate court found that the County was “well aware of the threat posed by climate change” when it certified EIRs in 2011 and that post-2011 data were “consistent with the range of projections considered in 2011.” Friends of the Santa Clara River v. County of Los Angeles , No. B296547 (Cal. NEW CASES, MOTIONS, AND NOTICES.
EPA decision , upheld the EPA’s authority to regulate such emissions under the CleanAirAct but significantly constrained its ability to do so. Wilson also has played a key behind-the-scenes role as chairman of RAGA three times since he took office in 2011, most recently between November 2021 and November 2022.
FWS developed the interpretation in a 2011 “Polar Bear Memo” that addressed the determination of threatened status for polar bears.) The plaintiffs argue that the situation is worse for Peruvians born between 2005 and 2011, whose futures are severely compromised due to the climate crisis. Trump , No. 4:19-cv-00028 (D.
EPA’s 2024 Power Plant Rules EPA is required to regulate power plant emissions under Section 111 of the CleanAirAct. 410, 426 (2011)). In this case, EPA is doing exactly what the CleanAirAct directs it to do: regulating greenhouse gas emissions from individual sources using a technology-based approach.
After concluding in 2011 that listing of the Pacific walrus was warranted due to threats that included sea-ice loss through 2100, the FWS issued a final decision in October 2017 that the Pacific walrus no longer qualified as a threatened species.
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.
The bill would amend Section 4 of TSCA to require EPA to issue a testing rule for all PFAS that would require manufacturers and processors of PFAS to develop information “likely to be useful in evaluating the hazard and risk posed by such substances in land, air, and water (including drinking water), as well as in products.
New data show that the STEM workforce is growing, employing nearly a quarter (24%) of individuals in 2021, up 20% from 2011. EPA – Proposed Consent Decree, CleanAirAct Citizen Suit. EPA – Request for Nominations to the EPA CleanAir Scientific Advisory Committee.
as a pollutant at all to the Clean Power Plan, which has no chance of clemency before its swift execution at some point in 2017. [14]. that it should “Amend the CleanAirAct to clarify that it never delegated to the EPA the authority to enact climate policies through the Act.”. [18].
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