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NEPA in the Supreme Court (Part II)

Legal Planet

One issue in the Seven Counties case is whether the impact statement should discuss air pollution caused by refining the oil shipped over the proposed rail line. The argument is that the Board shouldn’t have to consider that because EPA has authority to regulate air pollution, not the Board.

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FRESH, October 4, 2022: Carbon Dioxide Storage and Transport Emerges as Political Flashpoint

Circle of Blue

October 4, 2022. Indiana regulates the underground storage of carbon dioxide. Wisconsin ’s environment agency once again begins drafting rules to limit PFAS pollution. . The company is seeking powers of eminent domain from state regulators. October 11-13, 2022: Great Lakes Commission Annual Meeting – register.

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SCOTUS Rules in Favor of Sewage: You Can’t Make This Sh** Up

Union of Concerned Scientists

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.

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FRESH, April 5, 2022: U.S. Lawmakers Propose Great Lakes Federal Agency

Circle of Blue

Minnesota state regulators are penalizing the oil and gas company Enbridge for harming groundwater during the construction of the Line 3 pipeline. The Minnesota Pollution Control Agency announced a new statewide monitoring system for PFAS, the family of toxic chemicals sweeping across water systems in the Midwest and beyond.

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Boston Promulgates BERDO “Phase I” Regulations: Emissions Standards For Buildings Are Coming Soon

Law and Environment

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.

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Environmental Quality Board Tables Vote On Accepting Petition For Study To Increase Setbacks From Shale Gas Wells Until Last Minute Comments Can Be Reviewed

PA Environment Daily

Since 2012, 42 independent peer-reviewed studies show fracking at current setback distances has caused dangerous impacts to health and the environment due to releases of benzene and other harmful fracking pollutants. This proposed regulation is narrowly drafted. It does not seek to ban fracking or relocate existing sites.

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FRESH, July 12, 2022: Michigan Agency Launches Mercury Monitoring Program

Circle of Blue

July 12, 2022. The Ohio EPA spars with federal agencies over pollution control in Lake Erie. Ohio regulators insist that the stricter standards would have no meaningful impact on the lake and would hike costs for ratepayers, calling the proposed rule a “concerning precedent” for similar cases across the state.

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