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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.
PA Oil & Gas Industry Public Notice Dashboards: -- PA Oil & Gas Weekly Compliance Dashboard - Nov. 16 to 22 - $5.257 Million In Penalties; Conventional Well Owners Issued More Violations Than All Of 2023; More Abandoned Wells; Failure To Submit Shale Gas Reports [PaEN] -- EPA, Justice Dept., DEP Announce $5.275 Million In Penalties, Plus $1.4
The past few month has seen a series of important environmental law decisions from various courts across the United States. The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center.
In 1966, vehicles were responsible for nearly 60 percent of the 146 million tons of pollutants discharged into the air across the United States. Before joining UCS in 2021, Shen worked for the Massachusetts Institute of Technology’s Work of the Future Task Force while earning a master’s degree in policy and transportation at the school.
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? .
require a petition to meet three criteria in DEP’s initial review-- -- Petition must be complete; -- Petition requests an action that can be taken by the EQB [within its statutory authority]; and -- The action does not conflict with federal law. DEP’s determination means the petition has met these three criteria, at this stage.
In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.
Read more here ] The Office of Attorney General also brought about a 2021 settlement with Chesapeake Energy for payment of royalties to landowners with shale gas leases that involved $5.3 million in restitution for Pennsylvania landowners. Read more here.]
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.
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. Plaintiffs argued that the federal CleanAirAct (CAA), the Federal Aviation Administration Authorization Act (FAAAA), and the Airline Deregulation Act (ADA) preempt Rule 2305.
Press of Kansas, 2021). Melosi, Carolyn Merchant, Roderick Nash, Adam Rome, and Paul Sutter, among many others—Coodley and Sarasohn offer here an exhaustive play-by-play account of the legislative battles between 1964 and 1976 that led to the passage of some of the most important environmental laws in the United States.
The legislation would prohibit municipalities from receiving Act 13 drilling impact fees if they set protective standards on the development of natural gas that “imposes a standard or condition on well development that conflicts with or exceeds those contained” in state law. Read more here. Cecil Township is in Sen.
A special thanks to Derek Younkers, a soon-to-be 1L at Baylor Law School, who gathered the material for this post. The common denominator is that the suits are filed in state court and allege only state law claims. The claims here are failure to warn, concealment of known hazards, and other state law claims. Brabham Oil Co.
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.” of Bordentown v. F.E.R.C. , 2018)) Sen.
Local actors seek climate change damages from the biggest fossil fuel companies through state law litigation. Individuals, too, have brought state law cases. Under the umbrella of common law, these cases involve claims of nuisance, failure to warn, design defect, negligence, trespass, products liability and more.
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.
Many of these cases asserted nuisance and other tort law claims. More recently, states and municipalities have asserted claims under consumer protection laws.). which affirmed the dismissal of state-law public nuisance, private nuisance, and trespass claims. Chevron Corp.
By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. Congress must close the oil and gas gaps in our federal laws so that oil and gas companies have to comply with the same laws that apply to other industries.
percent in 2021. Fact: The PA Supreme Court issued a decision in 2013 declaring a similar provision in the Act 13 state law regulating oil and gas drilling unconstitutional. Read more here. Read more here. House and Senate Republicans have been opposed to the regulations since Gov. Wolf announced the initiative in 2019.
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.
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.
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.
References: In Mexico, $2 per hour workers make $40,000 SUVs A Toyota Factory Revs Up in Tijuana Toyota Warns US Workers: Build Camry for Less, or Else Toyota workers urged to reject union Toyota slapped with $180 million fine for violating CleanAirAct U.S. China fines Toyota 87.6 million yuan ($12.5
Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Second are cases that allege the fossil fuel company activities violate state consumer protection laws. On April 24, the U.S.
Posted on November 29, 2021 by Steven Kohl. But there is a problem – our primary environmental laws at the federal and state level do not contain express provisions to address EJ concerns. But there is a problem – our primary environmental laws at the federal and state level do not contain express provisions to address EJ concerns.
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 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]
Posted on June 22, 2021 by Adam Babich. Successful objections to subject matter jurisdiction can operate like a King’s-X for illegal behavior – a hole in the rule of law. Thus, for example, decisions that are “ committed to agency discretion by law ” are largely free of constraints like legality and accountability.
The IRRC had earlier expressed concern there were not separate final regulations for unconventional and conventional oil and gas facilities as required by a 2016 state law (Act 52). Because these regulations are required under the CleanAirAct, failure to submit them in final form to U.S. Read more here.
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.
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.
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.
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.
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.
They also studied federal regulations, such as the CleanAirAct amendments of 1990 and the acid rain programs of 1995 and 2000, and how power plants adopted technologies to lower their sulfur dioxide emissions as required by the new laws.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
million for air pollution in 2007, and then $8.75 Yet in 2021, it was the second largest emitter of benzene, releasing 15.82 Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. Total’s refinery in Port Arthur, Texas, was told to pay $39.9 million in 2013.
Federal Preemption and Authority to Regulate Opponents of the Climate Superfund bills will likely argue that existing federal law like the CleanAirAct (CAA) preempts state regulation of GHG emissions. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.
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