Legal Planet

OCTOBER 26, 2023

In the United States, we already have a model for regulating emissions under the Clean Air Act. As earlier as 2012, studies evaluated the applicability of greenhouse gas emissions trading programs to agriculture.

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Law Columbia

DECEMBER 9, 2024

EPAs 2024 Vehicle Standards EPA derives its authority and mandate to promulgate rules regulating mobile sources like light- and medium-duty vehicles from Section 202 of the Clean Air Act. The new rules build upon previous standards EPA issued in 2021 and apply to 2023 through 2026 model year vehicles.

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PA Environment Daily

MAY 21, 2024

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.” Read more here.

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Acoel

DECEMBER 19, 2024

Jaffe Last week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the 2021 District Court judgment in Environment Texas Citizen Lobby v. ExxonMobil Corporation. Seventeen judges sat en banc.

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E2 Law Blog

SEPTEMBER 29, 2021

8, 2021, the United States Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ ANPRM Notice ”) addressing possible future regulation of pyrolysis and gasification units under the federal Clean Air Act (CAA). 8, 2021, as the deadline to submit public comments. The EPA set Nov.

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E2 Law Blog

JULY 18, 2022

Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year in Review 2021, published by the ABA Section of Environment, Energy, and Resources.

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Clean Energy Law

DECEMBER 21, 2023

As detailed in this Latham Client Alert , plaintiff, the California Trucking Association (CTA), filed a complaint in the US District Court for the Central District of California on August 5, 2021, alleging that Rule 2305 is preempted by federal law, is not authorized by state law, and is an unlawful tax.

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Environment Next

JULY 22, 2021

On July 21, 2021, the U.S. 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. Senate, where an earlier version of the bill had passed in January 2021, but ultimately died.

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Acoel

DECEMBER 19, 2022

For much of that time, most of the environmental bar viewed Title II of the Clean Air Act as something that took up space between Titles I and III and had something to do with cars. Posted on December 19, 2022 by Sam Gutter. I’ve been engaged in issues involving mobile sources for more than 40 years.

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MGKF Law

JULY 6, 2021

Clean Air Council v. 20-2215, 2021 U.S. 2021); 42 U.S.C. § Thus, air emissions that violate relevant Clean Air Act permits are nevertheless “subject to” that permit and therefore exempt from CERCLA’s reporting requirement. Steel Corp. , LEXIS 18377, at *15 (W.D.

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PA Environment Daily

JULY 27, 2021

By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017. Rules to protect workers, including truck drivers, also have significant gaps.

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Energy & the Law

JULY 31, 2022

The State of Vermont sued Exxon and other oil companies in 2021. King County Washington sued five fossil fuel companies in May 2018 and voluntarily dismissed its claim in September 2021. The case is currently in the District Court of Vermont awaiting a decision on motions to remand. King County v.

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PA Environment Daily

NOVEMBER 25, 2024

DEP Announce $5.275 Million In Penalties, Plus $1.4 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc., 5 To Consider Resolution To Preserve And Protect Water Supplies During Persistent Dry Conditions Gov.

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MGKF Law

APRIL 29, 2021

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question.

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Vorys Law

JANUARY 19, 2021

On January 19, 2021, the United States Court of Appeals for the D. EPA’s 2019 Affordable Clean Energy Rule (ACE Rule). The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulating greenhouse gas (GHG) emissions from power plants. hinged on a fundamental misconstruction of Section 7411(d) of the Clean Air Act.”

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Law Columbia

JUNE 27, 2024

The Energy Policy & Conservation Act (EPCA) preempts state and local laws and regulations “ relating to fuel economy standards or average fuel economy standards for automobiles.” The risk of preemption can be mitigated but not fully avoided.

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PA Environment Daily

SEPTEMBER 3, 2021

DEP is also accepting written public comments on these amendments, which may be submitted to RA-EPSEROAQpubcom@pa.gov or mailed to the Southeast Regional Office, Air Quality Program, 2 E. Norristown, PA 19401 until close of business on Monday, October 4, 2021. Posted: September 3, 2021] PA Environment Digest

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Clean Energy Law

NOVEMBER 25, 2019

The federal Clean Air Act defines an indirect source as any facility, building, structure, or installation, or combination thereof, which generates or attracts mobile source activity that results in emissions of any pollutant (or precursor) for which there is an air quality standard. [6]

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MGKF Law

JUNE 24, 2021

2019, 2021 WL 2420667 (Pa. Pennsylvania Dep't of Env't Prot. , Accordingly, the EHB’s review of the matter was not preempted.

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Law Columbia

FEBRUARY 23, 2022

Fossil fuel company defendants want the cases heard in federal court, where they can argue that the cases should be quickly dismissed on the grounds that federal common law climate claims are displaced by the Clean Air Act.

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Law Columbia

APRIL 18, 2023

District Court for the Northern District of California substantively heard only the federal claims asserting preemption by the federal Energy Policy & Conservation Act, or EPCA, which preempts state and local governments from setting standards “concerning the energy efficiency, energy use, or water use of” products regulated by EPCA.

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Legal Planet

NOVEMBER 28, 2022

For the climate change cases in particular, the hope is that federal courts will be more amenable to the arguments grounded in federal law; for example that these cases, although brought under state law, are preempted by either a so-called federal common law, which largely no longer exists, or the Clean Air Act.

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Vorys Law

JANUARY 26, 2021

On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities.

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Environment Next

AUGUST 4, 2020

The important take away is that state environmental compliance inspections of regulated facilities will occur as planned in 2020 and 2021, but may be delayed or performed remotely. It remains uncertain exactly how remote inspections will proceed and what techniques may be used to ensure their validity.

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Acoel

JUNE 29, 2022

This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a Clean Air Act 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. million tons. million tons.

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PA Environment Daily

AUGUST 11, 2021

May 18, 2021 marked the 50th anniversary of the Environmental Rights Amendment to the Pennsylvania Constitution. The ERA states in part that “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.

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Acoel

JULY 30, 2021

Posted on July 30, 2021 by Donald K. On July 21, 2021 the House of Representatives passed a bill dubbed the PFAS Action Act of 2021. The bill would require the EPA to designate PFAS and related PFOA compounds as hazardous substances under CERCLA within one year of the Act’s enactment.

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Acoel

NOVEMBER 29, 2021

Posted on November 29, 2021 by Steven Kohl. It remains to be seen whether EGLE acted within its legal authority. There is no question the policy considerations underlying Environmental Justice (EJ) are valid.

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Montrose

FEBRUARY 24, 2022

In December 2021, the USACE Philadelphia District awarded VERINA-PARS, JV (an SBA-approved Mentor-Protégé Joint Venture between VERINA Consulting and Montrose Environmental), a Single Award Task Order Contract (SATOC) valued at $4M. Montrose Environmental was recently awarded a $4M Environmental Contract by the US Army Corps of Engineers.

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Acoel

JUNE 22, 2021

Posted on June 22, 2021 by Adam Babich. Thus, as a citizen-suit lawyer, it strikes me as ludicrous that my clients must jump through hoops to show, for example, that they have a personal stake in Clean Air Act compliance by major sources in their own neighborhoods. Isn’t it obvious?

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PA Environment Daily

NOVEMBER 5, 2021

The Program became effective May 11, 2002, and provided the necessary 2 year lead time to manufacturers as required under the federal Clean Air Act. Posted: November 5, 2021] PA Environment Digest The Program's emission standards first applied to MY 2005 HDD vehicles and engines.

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Acoel

DECEMBER 22, 2021

Posted on December 22, 2021 by Seth Jaffe. The Clean Air Act requires that NAAQS be set to protect the public health “with an adequate margin of safety”. I’ve written a lot about how the developing science around particulate exposure supports making the PM2.5 NAAQS more stringent.

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Ocean Conservancy

DECEMBER 5, 2022

On December 1, Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal (D-CA-47) introduced new legislation, the Protecting Communities from Plastic Act (S.

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Acoel

JUNE 30, 2021

Posted on June 30, 2021 by Heidi B. Environmental counsel must be strategic and look at holistic risk and opportunity rather than just interpret existing regulations relating to the Clean Air Act or RCRA. Goldstein) Friedman. It is a clear opportunity for the “Es” to spend a lot more time with the “S” and the “G” folks.

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PA Environment Daily

DECEMBER 10, 2021

Energy Information Administration (EIA) and stream sulfate concentrations taken by the Pennsylvania Department of Environmental Protection’s Bureau of Clean Water. In September -- DEP Blog: Pennsylvania Has A Strong Climate Action Plan, And We Need To Use It Now [Posted: December 10, 2021] PA Environment Digest

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Acoel

JULY 12, 2021

Posted on July 12, 2021 by Alexandra Dapolito Dunn. The 2016 Lautenberg Amendments turning five on June 22, 2021 provides a perfect opportunity to reflect on how this ambitious and bold statute is growing up –­ and faring in the courts. Tracking the body of law building up around the Amendments is, for now, a manageable exercise.

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Law Columbia

MAY 12, 2023

This is because they argue that the claims are actually federal common law claims and federal common law climate claims are displaced by the Clean Air Act. The fossil fuel company defendants vigorously fought to keep the cases in federal court because they viewed them as easier to dismiss in federal court.

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