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The Supreme Court soon picked up on this language, and the concept was written into the law when Congress amended NEPA in 2022. The court said EPA did have to preserve cleanair, EPA worked up some rules, and Congress ultimately added elaborate provisions on the subject to the CleanAirAct. Sierra Club v.
CleanAirAct. Clean Water Act. This law has done a good job at cleaning up municipal and industrial water pollution. Until gutted by the Supreme Court in 2022, it also provided important protection to the nation’s wetlands. Endangered Species Act (ESA ).
Earlier this year, a team of economists published a retrospective paper on the CleanAirAct. Some of the findings are not surprises: stricter regulations actually do result in improved air quality. The grandfather of emission trading programs is the SO2 program created by the 1990 amendments to the CleanAirAct.
If signed, the state would have to withdraw CleanAirAct waiver requests already in process with the Environmental Protection Agency. The sale of new electric trucks, buses, and vans in California doubled in 2023 from 2022 , and one of every six medium and heavy-duty vehicles sold in the state today produces zero pollution.
Through the CleanAirAct , and as affirmed—and reaffirmed—through multiple legal sagas, EPA is statutorily obligated to address carbon pollution from fossil fuel-fired power plants. The Supreme Court clipped the agency’s wings in its 2022 West Virginia v. EPA decision, but it did not ground EPA.
The EPA also plans to issue a rule by the end of 2022 with strengthened emissions requirements for approximately 100 commercial sterilizer facilities across the country. EPA plans to issue a CleanAirAct rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well.
EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the CleanAirAct. What does this mean for clean energy projects?
On October 17, 2022, the United States Environmental Protection Agency issued a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of Section 231(a) of the CleanAirAct, 42 U.S.C.
On November 17, Erie Coke Corporation, along with a corporate officer, have been indicted by a federal grand jury in Erie on among other charges, Violation of the CleanAirAct, United States Attorney Cindy K. Chung announced today. The eight-count Indictment, returned on Nov.
This is a necessary step in the right direction; strong power plant carbon pollution standards can complement recently passed clean energy incentives to help facilitate the shift to a cleaned-up power sector, and are required of EPA by the CleanAirAct.
The post Ag and Food Law Daily Update: August 11, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .
Incremental (step-by-step) approaches In 2022, the EPA published an Environmental Justice Legal Tools document and a Cumulative Impacts Addendum. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. Overburdened communities cannot wait any longer.
Since the beginning of 2022, electric vehicle sales in the United States have been downright electrifying. This has been particularly true in your home state of California, which historically has set the clean car agenda for the rest of the country because of its waiver under the CleanAirAct to set its own air pollution standards.
Environmental Protection Agency and state Department of Environmental Protection have acted to begin cleaning up 190 years of pollution on the site through the federal Superfund Program [ Read more here ] and the state Hazardous Sites Cleanup Program [ Read more here ] using taxpayer money. In November 2022, the U.S.
Dairy digesters feature prominently in CARB’s 2022 Scoping Plan, California’s sector-by-sector roadmap toward carbon neutrality, as a significant source of emissions reductions. In the United States, we already have a model for regulating emissions under the CleanAirAct.
Under the federal CleanAirAct, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court. In September 2022, the plant, called Shell Polymers Monaca, emitted 512 tons of VOCs, nearly reaching the 12-month permitted limit of its approved VOC emissions (516.2
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. The agreement mandates that U.S. Most of the penalty money ($4.5 Steel spent $17.5
The EPA is proposing a new CleanAirAct rule to sharply reduce methane emissions from the oil and natural gas industry – including, for the first time, reductions from existing sources nationwide. Posted: March 25, 2022] PA Environment Digest Karen has been with EPA for 11 years.
In 1966, vehicles were responsible for nearly 60 percent of the 146 million tons of pollutants discharged into the air across the United States. At the end of 2022, there were more than 283 million. The fact is there are a lot more cars on the road than when you were a kid. In 1960, there were 61.6 That’s not healthy.
The Inflation Reduction Act of 2022 amended the CleanAirAct to create the Greenhouse Gas Reduction Fund, a new program which will deploy $27 billion in competitive grants to mobilize financing for clean energy and climate projects that reduce or avoid greenhouse gas emissions, especially in disadvantaged communities.
In late December, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations for the Section 45V Clean Hydrogen Production Tax Credit. The tax credit, passed as part of 2022’s Inflation Reduction Act, provides a generous incentive for the production of clean hydrogen.
Environmental Protection Agency to limit greenhouse gas emissions from power plants under the CleanAirAct. Supreme Court released its decision on West Virginia V. EPA, a crucial case concerning the authority of the U.S.
S. _ (2022). The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. West Virginia v. EPA 597 U. ” Id. EPA , 573 U.
Environmental partner Ethan Shenkman was quoted in a recent article from Law360 , “Biggest Environmental Cases To Watch In 2022.” » Read the full article (subscription required).
At the same time, to avoid repeats of prior destructive stop-start policy lapses while simultaneously signaling a long-term incentive off-ramp, policymakers scheduled the tax credit to begin phasing out for resources coming online in 2033 or after power sector emissions are below 25% of 2022 levels, whichever is later.
The Department of Environmental Protection notified the Shell Petrochemical Plant in Beaver County it will no longer be able to operate under an Air Quality Construction permit and must submit an application for a full Title V Air Quality Permit within 120 days. 12,671,044.75
Under the federal CleanAirAct, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court. DEP must act quickly to stop Shell’s ongoing violations of pollution limits that are meant to protect public health” said Sarah Kula, attorney for the Environmental Integrity Project.
They date from September 1978–when Congress passed an “act to establish a comprehensive and coordinated national climate policy and program”–to the Inflation Reduction Act of August 2022. Environmental Protection Agency highlighted the issue of Congressional authorization for administrative action on climate change.
The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. In October and November 2022, CTA and A4A filed motions for summary judgment and the District and defendant-intervenors filed oppositions in December 2022.
For one of these rules, I testified at the EPA’s “ Virtual Public Hearings on the Risk Management Program Safer Communities by Chemical Accident Prevention (SCCAP) Proposed Rule ” in September 2022. I rule, you rule, WE RULE As a member of the Science Network , I was made aware of the Risk Management Program (RMP) rulemaking.
States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.
Posted on December 19, 2022 by Sam Gutter. 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. I’ve been engaged in issues involving mobile sources for more than 40 years.
20-1530 (2022), a lawsuit. The United States Supreme Court recently heard arguments in West Virginia v. Envt’l Protection Agency, No. The post Scope of EPA Authority Before the Supreme Court appeared first on National Agricultural Law Center.
There are several federal programs with funding available to target medium and heavy-duty ZEV transition, including: The Commercial Clean Vehicle Credit (45W) under the Inflation Reduction Act of 2022 (IRA) assists fleets by defraying upfront costs associated with purchasing a clean vehicle, a tax credit of up to $40,000 per vehicle.
This free online resource includes a searchable database that catalogues all of the climate change-related provisions in the 2022 Inflation Reduction Act (IRA), as well as a tracker that records actions taken by federal agencies to implement those provisions. The IRA Tracker homepage.
That weekend of horrific air quality killed 20 people and sickened thousands more, but it also galvanized residents to take environmental action - a movement that culminated in the creation of the state Air Pollution Control Act and later the federal CleanAirAct. Click Here to register for this free event.
Department of Environmental Protection records show 12 state notices of air pollution violations at the Shell plant since January of 2022, but no enforcement actions or penalties by the state. Under the federal CleanAirAct, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court.
85 MAP 2022, 2024 WL 3450536 (Pa. Because of this ruling, the three nonprofit organizations (Citizens for Pennsylvania’s Future, CleanAir Council, and the Sierra Club) (Nonprofits) are now able to pursue an appeal of the Commonwealth Court’s final order permanently enjoining the RGGI Regulation from going into effect.
Posted on December 12, 2022 by Seth Jaffe. The Clean Water Act – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The CleanAirAct – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time.
On November 15, 2022, Erie Coke Corporation, along with the plant superintendent, was indicted by a federal grand jury in Erie on among other charges, violation of the CleanAirAct. Such hazardous air pollutants were released directly into the air to avoid the plant’s environmental monitoring system.
. -- PA Forestry Assn. 138th Annual Symposium - What Makes A Healthy Forest; Awards Program Nov. 16 In State College [PaEN] -- Western PA Conservancy: Dec. 4 Webinar: Our Work Helps The Allegheny River Thrive -- Penn State Extension Hosts Dec. 12 On Oil & Gas Methane Emissions Reductions; Hydrogen Hubs [PaEN] -- DEP To Hold Nov. 26 to Nov.
In April 2022, the Director of EPA’s Fuel Compliance Center responded to Sinclair’s email, stating, in relevant part, that “the 2018 RINs [would] not be returned… ” Sinclair filed the petition for review of EPA’s April 2022 email.
The discussion of technologies and measures in this paper may also provide context for permit development under the prevention of significant deterioration (PSD) program of the CleanAirAct, including in the assessment of the best available control technology (BACT) for GHG emissions from stationary combustion turbines.
On January 27, 2022, U.S. Senator Capito and her colleagues request specifically that EPA reassess its proposed denial of all pending small refinery exemption (SRE) petitions under the RFS program, because EPA’s decision breaches congressional intent under the CleanAirAct (CAA). consumers; and.
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