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The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Any top ten list is a bit arbitrary.
In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. I included all laws passed in the U.S., not just federal regulatory laws, and some of my selections may not be what you expected.
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.
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. .
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.
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.
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.
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?
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 the full story at the National Law Review. 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. Attorney Chung.
Under the federal CleanAirAct, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court. Shell must be held accountable under the law and take appropriate steps to prevent illegal pollution going forward.”
Million For Drilling Violations In Greene, Clearfield Counties [January 2018] -- DEP Assesses CNX Gas Drilling $433,500 For Violations In Greene County [January 2018] -- DEP Issues Cabot Oil & Gas $99,000 Penalty For Numerous Well Site Air Quality Violations In Susquehanna County [December 2017] -- EHB Issues $1.1
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
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. labor laws). [15]
20-1530 (2022), a lawsuit. The post Scope of EPA Authority Before the Supreme Court appeared first on National Agricultural Law Center. The United States Supreme Court recently heard arguments in West Virginia v. Envt’l Protection Agency, No.
The CleanAir Council and the Environmental Integrity Project asked DEP to temporarily halt operations of the Shell Polymers Monaca plant in Beaver County until the company can demonstrate it can operate in compliance with pollution control laws. tons of NOx in a 12-month period).
It is one thing for Congress to pass a law. It is entirely different thing for a federal agency to make a rule (in other words, regulations) in accordance with that law. For context, Safer Communities by Chemical Accident Prevention is a rule related to the RMP and issued by the EPA, in accordance with the CleanAirAct.
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.
Million Penalty, Settlement With Genesee & Wyoming Railroad Over CleanAirAct Violations Public Participation Opportunities/Calendar Of Events Grants & Awards PA Bulletin Public Notices Stories Invited - About PA Environment Digest Supporting Member PA Organization For Watersheds & Rivers; PA Outdoor Writers Assn.;
Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. Image by JessicaRodriguezRivas pursuant to a Creative Commons Attribution-Share Alike 4.0 International license.
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.
The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Tracking IRA Implementation The IRA Tracker will monitor how federal agencies are implementing the law. The post New Inflation Reduction Act Tracker Launched by the Sabin Center and EDF appeared first on Climate Law Blog.
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. House and Senate Republicans have been opposed to the regulations since Gov. Wolf announced the initiative in 2019. Read more here.
The very least this international corporation can do is to follow the law and not make Pennsylvania taxpayers breathe in their illegal pollution,” said Sarah Kula, attorney for the Environmental Integrity Project. Joseph Minott, Executive Director of the CleanAir Council, said: “Shell’s persistent law-breaking must end.
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.
Posted on September 30, 2022 by Pat Parenteau. The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. This time the Clean Water Act is on the chopping block. Some 28 states have laws on the books mandating that state law be “ no stricter than federal law.”
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.
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.
Eyes On Shell Eyes on Shell said since January 2022, Shell has submitted more than 39 "Malfunction Reports" to the DEP listing a multitude of problems at the plant. Since April 2022, the state DEP has issued 14 "Notices of Violation," 11 of which were related to air quality. Read more here.
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.
Steel Edgar Thomson Steel Plant Air Pollution Violations $1.5 Million Penalty, Settlement With Genesee & Wyoming Railroad Over CleanAirAct Violations [PaEN] -- TribLive: Allegheny County Health Dept. Steel Edgar Thomson Steel Plant Consent Decree Explained -- EPA Announces $1.35 Hits Contractors With $1.1
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.
Posted on June 29, 2022 by Eugene M. The downwind air quality benefits are minimal. This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a CleanAirAct rulemaking. It marks the seventh round of NOx controls for the EGU sector since 1990.
million penalty and make extensive improvements at its steel production facility in Braddock, Pennsylvania, as part of a settlement covering longstanding air pollution violations. Settlements like this serve notice to companies that they must follow the law to keep workers and neighbors healthy and safe.”
Of Justice Indicts Erie Coke (Coal) And Corporate Officer For Violating Federal CleanAirAct Over 4 Years EPA To Host Dec. Of Justice Indicts Erie Coke (Coal) And Corporate Officer For Violating Federal CleanAirAct Over 4 Years EPA To Host Dec. Click Here for a Calendar of Upcoming Events.
Environmental Protection Agency wrote a letter to DEP accepting DEP’s final regulations setting VOC/methane limits on conventional and unconventional oil and gas facilities for evaluation which “stops the imposition of federal highway funding sanctions that were set to take effect in Pennsylvania on December 16, 2022.”
In a 2022 press release introducing New York’s then-unprecedented Climate Superfund bill, one of the bill’s sponsors directly stated that the bill was inspired by source attribution research (specifically, research on carbon dioxide and methane emissions attributable to fossil fuel and cement producers).
‘It Simply Should Not Happen, Period’ [PaEN] -- Stars and Stripes Guest Essay: Pause On Permits For New LNG Gas Export Facilities Right Move For National Security - Rivals Like China Are Using US LNG To Build Influence - By Steve Anderson, US Army Brigadier General - Retired [PaEN] -- PA Utility Law Project March 15 Webinar On Impacts Of LNG Gas Exports (..)
On June 30, 2022, the U.S. The majority for the Court held that EPA’s “generation shifting” objectives found in the Obama Administration’s Clean Power Plan fell outside the meaning of the “best… The post SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases appeared first on Sive Paget Riesel.
Toxic Substances Control Act section 7 imminently hazardous chemical. Supreme Court regarding the CleanAirAct and other environmental statutes as to whether EPA is required to consider costs when promulgating a rule. Parties will have until November 7, 2022 to comment on the proposed rulemaking.
On February 22, PennFuture President and CEO Jacquelyn Bonomo announced her retirement, effective July 2022, after a 37-year career in environmental advocacy. Pennsylvania, like much of the world, is in the midst of historic social, political, and economic changes that are putting enormous stresses on our environmental resources and laws.
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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