Environment, Law, and History

MAY 6, 2022

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.

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PA Environment Daily

DECEMBER 5, 2024

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.

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Energy & the Law

JULY 31, 2022

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.

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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.” of Bordentown v. F.E.R.C. , 2018)) Sen.

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Legal Planet

NOVEMBER 28, 2022

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.

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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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Law Columbia

FEBRUARY 23, 2022

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.

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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. 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.

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PA Environment Daily

MARCH 24, 2022

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.

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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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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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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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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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Law Columbia

MAY 12, 2023

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.

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Acoel

NOVEMBER 29, 2021

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.

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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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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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Acoel

JUNE 22, 2021

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.

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PA Environment Daily

NOVEMBER 30, 2022

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 Clean Air Act, failure to submit them in final form to U.S. Read more here.

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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

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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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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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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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

They also studied federal regulations, such as the Clean Air Act 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.

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Law Columbia

MARCH 14, 2024

Federal Preemption and Authority to Regulate Opponents of the Climate Superfund bills will likely argue that existing federal law like the Clean Air Act (CAA) preempts state regulation of GHG emissions. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.

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Vorys Law

MAY 20, 2021

On May 17, 2021, Ohio EPA issued public notice of draft revisions to Ohio Administrative Code (OAC) Chapter 3745-21, “Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards.” Ohio EPA then published notice of draft revisions to the NOx RACT rule (OAC 3745-110) on May 20, 2021.

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Law Columbia

AUGUST 3, 2018

The SAFE Vehicle Rule proposes changes to EPA’s greenhouse gas emissions standards and DOT’s Corporate Average Fuel Economy (CAFE) standards for light duty vehicles in model years (MY) 2021 through 2025.

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Legal Planet

MARCH 21, 2023

The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of 2022 (IRA) represent a radical change in federal climate policy. And with divided government at the federal level, these laws may well be the last nationwide legislative actions on climate change for years.

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Law Columbia

JANUARY 25, 2022

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 Clean Air Act (CAA). In January 2021, the D.C.

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PA Environment Daily

NOVEMBER 26, 2024

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

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Law Columbia

AUGUST 22, 2022

Clean Air Act appropriating $2.25 An additional appropriation of $750 million is made for the same set of activities in ports located in nonattainment areas, as designated under Section 107 of the Clean Air Act. Clean Air Act. Section 60102 of the IRA adds a new Section 133 to the U.S.

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PA Environment Daily

APRIL 9, 2025

Adding-- the use of O&G PWs on Program funded [Dirt & Gravel Road] projects is in opposition with not only the fundamental goals of the Program, but the law that created the Program. The guidelines were administered by DEP under the Clean Streams Law, Solid Waste Management Act and the Oil and Gas Act.

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Union of Concerned Scientists

MARCH 12, 2024

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.

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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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Law Columbia

JUNE 27, 2024

Tools with which to regulate emissions from freight vehicles have eluded local governments, in large part because federal law preempts many state and local vehicle standards. While there are exceptions and limited workarounds, these three federal laws are a significant challenge for local governments to navigate.

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PA Environment Daily

MAY 5, 2023

Even with a much-needed gathering lines rule finalized by PHMSA in 2021, only about 90,000 miles of these pipelines are subject to basic safety requirements like emergency planning — and only 20,000 miles of gathering lines are required to conduct regular leak surveys. 27 Released 1.1

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