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The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the CleanAirAct (CAA). In January 2021, the D.C.
The decision focuses on EPA’s authority under a specific section of the CleanAirAct. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .
The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center. The past few month has seen a series of important environmental law decisions from various courts across the United States.
Last year, US drivers bought more than 800,000 new electric vehicles (EVs), 65 percent more than in 2021, even as overall car sales declined. percent in 2021. Since the beginning of 2022, electric vehicle sales in the United States have been downright electrifying. Those 807,956 EVs accounted for 5.8
As with too many other air pollutants, people of color face a disproportionate impact from sterilizers that pose greater cancer risks, co-located facilities, and those violating the CleanAirAct. This is also not the first time the sterilization industry has attempted to weaken these regulations.
Emanuel 2021 ; Hall et al. 2021 ; Knutson et al. and European CleanAirActs and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al. 2021 ), and changes in the Atlantic Meridional Overturning Circulation (AMOC). 57-70, 2021. 1321-1335, 2021. 1014-1019, 2021. Zhang et al.
In the United States, we already have a model for regulating emissions under the CleanAirAct. As earlier as 2012, studies evaluated the applicability of greenhouse gas emissions trading programs to agriculture.
On January 26, PennEnvironment and CleanAir Council announced they will file in U.S. District Court on Monday a proposed consent decree in settlement of their federal CleanAirAct lawsuit against United States Steel Corporation. million pounds of toxics to the county’s air in 2021.
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 CleanAirAct. The new rules build upon previous standards EPA issued in 2021 and apply to 2023 through 2026 model year vehicles.
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.
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.
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 CleanAirAct (CAA). 8, 2021, as the deadline to submit public comments. The EPA set Nov.
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.
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.
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.
For much of that time, most of the environmental bar viewed Title II of the CleanAirAct 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.
CleanAir Council v. 20-2215, 2021 U.S. 2021); 42 U.S.C. § Thus, air emissions that violate relevant CleanAirAct permits are nevertheless “subject to” that permit and therefore exempt from CERCLA’s reporting requirement. Steel Corp. , LEXIS 18377, at *15 (W.D.
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.
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.
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 CleanAirAct, or, in the case of foreign emissions, represented a non-justiciable political question.
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 CleanAirAct.”
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.
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
The federal CleanAirAct 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]
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 CleanAirAct.
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.
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 CleanAirAct.
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.
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.
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. million tons. million tons.
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 cleanair, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.
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.
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.
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.
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.
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 CleanAirAct compliance by major sources in their own neighborhoods. Isn’t it obvious?
The Program became effective May 11, 2002, and provided the necessary 2 year lead time to manufacturers as required under the federal CleanAirAct. Posted: November 5, 2021] PA Environment Digest The Program's emission standards first applied to MY 2005 HDD vehicles and engines.
Posted on December 22, 2021 by Seth Jaffe. The CleanAirAct 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.
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.
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 CleanAirAct 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.
This is because they argue that the claims are actually federal common law claims and federal common law climate claims are displaced by the CleanAirAct. 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.
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
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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