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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. Coalition for Responsible Regulation v.
Powerful Industry’s Torrent of Manure Overwhelms State Regulators Cause of Michigan’s worst water pollution is too much waste spread on too little land. September 22, 2022 . That’s because phosphorus applications on farmland have increased since the early years of the century, according to a comprehensive 2022 evaluation by the U.S.
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.
On November 8, 2022, voters there approved an amendment to the city charter to include a right to clean water. By Brett Walton, Circle of Blue – November 10, 2022. Regulating groundwater extraction in southeast Arizona: yes and no. Before the amendment takes effect, the Legislature must pass laws that define eligible projects.
On December 31, 2024, NYSDEC announced the adoption of final revisions to its freshwater wetlands regulations, 6 NYCRR Part 664. The revised regulations took effect on January 1, 2025.
Critically, AB 3233 clarifies and confirms local government authority to regulate, and even prohibit outright, oil and gas operations. In so doing, the law acknowledges the traditional role of local governments in exercising land use controls to protect the public health and safety of their residents. Download as PDF
The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. SB 389 is part of a broader initiative by the Legislature–and public interest groups–to reform and update California’s water laws.
The argument is that the Board shouldn’t have to consider that because EPA has authority to regulate air pollution, not the Board. Section 102(2)(C) requires the agency preparing an impact statement to obtain comments from any other agency that “has jurisdiction by law… with respect to any environmental impact involved.”
In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. Timestamp at 2:05:10). Agricultural operations are almost uniquely unregulated.
In her opinion, Judge Brownlee referenced the omnibus bill, writing that the Florida Legislature holds the power to set environmental policy and preempt county and local laws. No PFAS chemical is currently regulated under the Safe Drinking Water Act. In other legal news, the U.S. Draft versions of the rules are expected this fall.
Before the amendment takes effect, the Legislature must pass laws that define what types of projects are eligible. Farther west, in southeastern Arizona, groundwater regulation appeared headed to a split decision. In Willcox basin, over 61 percent of voters rejected a proposal to regulate groundwater.
October 4, 2022. Indiana regulates the underground storage of carbon dioxide. Navigator responds that it has complied with state regulations, which require the company to notify landowners in the pipeline’s path and consider citizen safety when routing the project. Laura Gersony, Fresh Editor. This Week’s Watersheds.
Coal mine cleanup law is still built for the industry’s roaring ’70s. By Laura Gersony, Circle of Blue — October 6, 2022. So in August of 1977, when the nation’s coal mine cleanup law went into effect, it reflected the market’s optimism. The mine cleanup law, however, no longer reflects current conditions.
Another is to regulate 25 new contaminants. The European Commission’s regulation list also includes the class of chemicals known as PFAS, or ‘forever’ chemicals. The post What’s Up With Water – November 1, 2022 appeared first on Circle of Blue. One is to tighten existing rules for 16 pollutants.
Some of the findings are not surprises: stricter regulations actually do result in improved air quality. Many people identify that discipline with cost-benefit analysis and assume that economists are opposed to regulation. By and large, the papers support the utility of regulation. Others are more surprising.
Gene Yaw (R-Lycoming) announced plans to introduce legislation to prohibit municipalities from receiving Act 13 drilling impact fees if they set more protective standards on the development of natural gas than required in state or federal law and while a challenge to local restrictions is being litigated. In October 2022, Sen.
Registration is now open for California’s 2022 Water Law Symposium, scheduled for Saturday, April 9th. Second, the Water Law Symposium represents a unique and welcome collaboration among seven top Northern California law schools: Stanford, U.C. Davis, U.C. Berkeley, U.C. Download as PDF.
July 26, 2022. We as the consumer have the burden of paying for a lack of regulation, mandates, and policies on water contamination.”. Under state law, the city can be held responsible if failures by government officials caused at least half of the damages. October 11-13, 2022: Great Lakes Commission Annual Meeting – register.
August 9, 2022. A new report gives New York a failing grade for its flood risk disclosure laws. The standards will allow Wisconsin to regulate the harmful chemicals while the state’s other attempts at rulemaking are challenged in court. . August 12, 2022: Webinar: Climate Change in the Great Lakes Basin — register.
September 6, 2022. The defendants, Pennsylvania’s Department of Transportation and the Federal Highway Administration, argue that they followed federal law by conducting a truncated environmental review, and that PDOT has held public meetings throughout the permitting process. September 27-29, 2022: Great Lakes Public Forum — register.
DEP has told a series of agency advisory committees they do not plan to adopt new regulations incorporating the EPA rule because state regulations automatically adopt federal requirements. In addition to the model rule requirements, the GP requirements will also contain standard conditions regarding state specific regulations.
In 2022, ninety of Texas beaches tested positive for unsafe levels of fecal bacteria (poop!), It also shows the same lack of deference to federal and state scientists and agencies as last summers Chevron case , which another colleague, Dr. Merner , explains has critical ramifications for environmental regulations.
In a historic development, a recent opinion by the International Tribunal for the Law of the Sea (ITLOS) recognizes global warming emissions as a marine pollutant. Moving forward, nations must begin to incorporate the directives from this decision into their own national laws and regulations.
Streamgaging Network (credit: USGS.gov) Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought. Problem solved, right? Unfortunately, no.
DEP has told a series of agency advisory committees they do not plan to adopt new regulations incorporating the EPA rule because state regulations automatically adopt federal requirements. Click Here for DEPs presentation slides on the federal regulation. Click Here to register to attend via Microsoft Teams. Read more here.
The law will affect just about every type of plastic packaging you see walking down the supermarket aisle in California, and it’s a major step in the fight to reduce plastic waste, over 90 percent of which does not get, and much of which cannot currently be, recycled.
Here are the biggest stories of 2022. The Supreme Court heard the Sackler case, which will have a huge impact on federal regulation of wetlands. EPA , which reinvigorated the “Major Question Doctrine,” axed Obama’s Clean Power Plan, and increased barriers to future EPA regulation. A lot has happened on the environmental front.
The Boston Air Pollution Control Commission has formally adopted its “Building Emissions Reduction and Disclosure Ordinance Phase 1 Regulations.” The Phase 1 regulations are really all about the “disclosure” side of BERDO. The final Phase 1 regulations largely track the draft released late last year.
As described in Latham’s previous reporting on the rulemaking [iii] and adoption [iv] of Rule 2305, the regulation applies to warehouses in the South Coast Air Basin [v] of 100,000 square feet or more and aims to reduce regional nitrogen oxide (NOx) emissions and local diesel particulate matter emissions. i] Case No.: 2:21-cv-6341. [ii]
Glen Oaks – a 2022 lawsuit brought by a group of cooperative apartment owners – sought to invalidate Local Law 97 of 2019 , New York City’s building performance standard aimed at reducing greenhouse gas (GHG) emissions from the City’s largest buildings. City of New York.
In Pennsylvania, where the constitution already recognizes environmental rights, the state Supreme Court has used the provision to strike down parts of state law. The proposed amendment is a brief but powerful statement of principle, according to John Dernbach, a law professor at Widener University Commonwealth Law School.
City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. The court holds that the CLCPA does not preempt Local Law 97.
2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the responsibilities of stakeholders for climate mitigation and adaption. In June 2022, the Prague Municipal Court ruled in Klimatická žaloba ČR v. In Ville de Paris and Others v.
The SWRCB is currently using watershed-based emergency regulations under Water Code section 1058.5 For example, in August 2022, a group of water users diverted more than half of the Shasta River’s flow, in direct violation of a curtailment order, for more than a week. as its primary tool for implementing curtailments.
Even if the resolution is adopted, it would not be binding in the same way as a formal international agreement, but it could still impact how countries regulate marine CDR. But in-ocean research could implicate various international and domestic laws that might affect whether, when, where, and how projects take place.
The California Legislature recently enacted, and Governor Gavin Newsom last week signed into law, two major housing reform measures. SB 9 and SB 10 represent California’s most transformative new housing laws in decades, and are a belated but welcome legislative response to the state’s longstanding housing crisis.
The largest saline lake in the western hemisphere, the Great Salt Lake dropped to a record low in 2022 as a result of a hot drought that increased evaporation and decreased water flows. By Brett Walton, Circle of Blue – July 14, 2022. Activists in Arizona are gathering signatures to put groundwater regulation on the ballot.
If 2022 was the year that corporate climate-related financial disclosure jumped out of the boardroom into the headlines, then 2023 may be the year when the global tide quietly turned in its favor. Gavin Newsom quickly signed the bills into law, and companies will begin reporting in 2026. What’s the holdup?
A lot must be done to change the water rights system in California, yet, even communities that have been “systematically marginalized” by the system share an interest in improving its enforcement, including stopping water theft, as outlined in the 2022 California Curtailment Cases Amicus Brief. AB 460 seeks to prevent just that.
The IFO projects another $100 million drop in revenue in calendar year 2024 fee revenue from 2022 to $170 million. So, in calendar year 2024, DEP will again have a 75% shortfall in the revenue needed to support its Oil and Gas Regulation Program. million to ensure compliance with state environmental laws and regulations.
States should be heard on transmission When regulators make policy, utilities listen. State regulators can call meetings for utilities to work on the modernization and decarbonization of the grid. Regulators can convene working groups of stakeholders to develop shared interests and goals, answer questions and work on solutions.
September 20, 2022 . It really does come down to the fact that poor people, that have the least ability to pay, are the ones who are forced to come up with the dollars to upgrade their infrastructure, but the problem is coming from external forces,” says Nick Schroeck, the former director of the Great Lakes Environmental Law Center.
This proposed regulation is narrowly drafted. Industries claim that this Board lacks the authority to act on this petition is not supported by these laws. The [state] Oil and Gas Act, Clean Streams Law and Air Pollution Control Act give EQB the authority and mandate to promulgate regulations to protect health and the environment.
2022 Election Recap: Landslide Victory for Florida City’s ‘Right to Clean Water’ Amendment — Voters approved most water-related initiatives on the November 8 ballot. Voters in southeastern Arizona delivered a split decision on the question of groundwater regulation. Drought in the American West.
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