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On October 23, 2024, the CleanAir Council and the Environment Integrity Project filed a notice of intent to sue the Shell Petrochemical Plant in Beaver County for emitting particulate matter (PM 2.5) and nitrogen oxides in violation of the federal CleanAirAct, the state AirPollution Control Act and the plant's permit. "As
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. Blacks received greater pollution reductions than whites, but Hispanics received fewer. Download as PDF.
CleanAirAct. In public health terms, what makes airpollution distinctive is the millions of people exposes to common pollutants such as particulates and smog. NEPA remains the workhorse of natural resource litigation today. If I were listing laws in order of importance, I would put the CAA on top.
For example, there’s a current challenge to EPA’s waiver under the CleanAirAct for the Air Resources Board’s Advanced Clean Trucks regulations (ACT), which require that zero-emission trucks represent an increasing proportion of in-state heavy-duty truck sales. (A
We also found that co-located sterilization facilities, facilities in communities with higher cancer risks, and facilities that have violated the CleanAirAct are disproportionately near people of color, illustrating the vast disparities of who this pollutant impacts most.
The court did find that two CLF members had established injury in fact, through statements that they recreated less due to concerns about airpollution near the defendants’ bus stops. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.
On June 4, the CleanAir Council said US Steel is taking steps to comply with the lawsuit settlement to reduce harmful airpollution from the Clairton Coke [Coal] Works in Allegheny County. The lawsuit was filed in response to thousands of violations of airpollution limits after the massive fire at U.S.
Shell Petrochemical Plant Penalties In May 2023, the Shell Petrochemical Plant served by the pipeline signed a consent order that included over $17 million in penalties to resolve airpollution violations-- over $12.6 million in penalty payments and $5 million in local community environmental restoration funding. Read more here.
On March 24, the US Environmental Protection Agency posted information on how industries regulated under a variety of federal CleanAirAct programs could obtain Presidential Exemptions from those requirements.
The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the CleanAirAct as a type of airpollutant. Among other things, the CleanAirAct gives federal protection to wetlands.
The Clean Power Plan was based on section 111(d) of the CleanAirAct. There’s been a lot of discussion among academics and advocates about instead using section 115 of the CleanAirAct as a basis for carbon regulations. Here are the options going forward for regulating existing power plants.
District Court on Monday a proposed consent decree in settlement of their federal CleanAirAct lawsuit against United States Steel Corporation. Steel will pay a $5 million penalty -- by far the largest in a CleanAirAct citizen enforcement suit in Pennsylvania history, and one of the three largest ever nationally.
In a major win for community members in South Memphis, Tennessee, a facility emitting a toxic airpollutant— ethylene oxide (EtO)—announced late last month that it will close its doors. We also estimated that EtO emissions contributed to more than 80 percent of the cancer risk attributable to toxic airpollution around the facility.
However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the CleanAirAct, the Clean Water Act, the Safe Drinking Water Act), as a result, EPA programs are often implemented narrowly, not holistically.
Truck traffic has been on the rise , even during the COVID-19 pandemic, and that increase means even more airpollution in communities already disproportionately impacted by the public health emergency. This fight by industry to delay, obstruct, and otherwise thwart stronger regulation has devastating consequences.
To explore a small piece of what is at stake, let’s take a quick look at some of the rules currently under review at the EPA: Air emission reporting requirements If finalized and implemented, this rule will improve the way airpollution emissions are estimated and collected by the EPA.
and numerous affiliated companies (collectively, GWRSI) for violation of CleanAirAct (CAA) locomotive regulations. Environmental Protection Agency and the Department of Justice announced a settlement with Genesee & Wyoming Railroad Services Inc.
On April 12, 2024, the Shell Petrochemical Plant requested the Department of Environmental Protection to classify the composition and flow rate of gases going to be burned off at flares and the airpollution sources and pollution control equipment operating at the Beaver County facility confidential business information.
May 11, the Environmental Integrity Project and CleanAir Council filed a federal lawsuit against the Shell Petrochemical Plant for repeatedly violating permitted airpollution limits from a massive new plastics production plant in Beaver County, which opened last year. In a lawsuit filed in the U.S.
On February 2, the Environmental Integrity Project and CleanAir Council filed a notice of intent to sue Shell Chemical Appalachia for repeated violations of airpollution permit limits at its petrochemical plant in Beaver County.
On February 17, the CleanAir Council and the Environmental Integrity Project sent a letter to the Department of Environmental Protection urging the state to temporarily halt operations at a Shell plastics chemical plant in Beaver County that has repeatedly violated airpollution limits and recently released plumes of black smoke for several hours.
EPA plans to issue a CleanAirAct rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well. EPA proposed changes to its MON rule in 2019, regulating toxic emissions for about 200 chemical plants that produce solvents, plastics, and pesticides across the country.
Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. One critical tool for forcing that reckoning comes from the Environmental Protection Agency (EPA).
discussing the ways in which local air districts can take action to end harmful airpollution from building appliances. Reducing appliance emissions is a critical step on the path to healthy air.
California has a longstanding leadership role on transportation pollution, and the CleanAirAct grants the state the right to set strong vehicle emissions standards. While the waiver addresses California’s ability to enforce its rules, the CleanAirAct also allows other states the ability to adopt California’s policies.
As with too many other airpollutants, people of color face a disproportionate impact from sterilizers that pose greater cancer risks, co-located facilities, and those violating the CleanAirAct.
The passage of the 1970 CleanAirAct and its major 1990 Amendments don’t show up at all in a graph of coal use. And what sparked the ensuing plunge in coal use starting with Obama’s presidency? The decline probably wasn’t due to environmental regulation.
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 airpollution standards.
There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or airpollution. I began with a Westlaw search for the term “airpollution.” The earliest opinion I found was Huron Portland Cement Co. City of Detroit. Download as PDF.
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 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc.,
The CleanAirAct requires the EPA to review—and update—its ethylene oxide emissions standards every eight years, but the last time it did so was in 2006. The study looked at cancer diagnoses between 2006 and 2019 and found “significantly greater than expected” cases of lymphocytic leukemia and breast cancer.
On October 17, 2022, the United States Environmental Protection Agency issued a proposed finding that lead airpollution 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.
Environmental Protection Agency announced the federal government has settled its final federal CleanAirAct (CAA) claim against Philadelphia Energy Solutions Refining and Marketing, LLC pertaining to the June 21, 2019 fire and explosion at its former South Philadelphia refinery. On October 8, the U.S.
Farber focuses on US Supreme Court decisions, finding its earliest uses of "airpollution" and "water pollution" and references to wilderness as something worthy of preservation in decisions from the 1960s. Wolfe, Los Angeles County AirPollution Control District vehicle, Burbank, 1947-1950?
Although this is appropriate and in keeping with the structure of the CleanAirAct, each of the multi-state RTOs like PJM operate a single dispatch. As a result, states will need to coordinate and work closely together to ensure that the individual state plans work well on a regional basis. Friel-Otten, Rep.
Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate airpollution. A Supreme Court case called EME Homer upheld EPA’s general approach to regulating interstate airpollution. Circuit even had a chance to consider the merits of the challenges.
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.
DEP said in the notice the change is required to meet federal CleanAirAct requirements and because submission requirements in state regulations provided two different deadlines. Read the entire PA Bulletin notice for more information.
Specifically, Section 126(b) provides that: Any State or political subdivision may petition the Administrator for a finding that any major source or group of stationary sources emits or would emit any airpollutant in violation of the prohibition of [the “good neighbor” provision] or this section. 7410(a)(2)(D)(i). GenOn REMA , No.
Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the CleanAirAct (“CAA”). Conservation Law Found. Express , LLC. , 20-10032-WGY, 2023 WL 5984517, at *1 (D.
EPA recently released the ECHO CleanAir Tracking Tool (ECATT), an interface and repository for CleanAirAct data that can be used to evaluate emissions at stationary sources of airpollution and analyze general air quality for the United States.
Our latest study shows there are racial/ethnic and socioeconomic disparities in airpollution emissions reductions, particularly in the industry and energy generation sectors. The findings provide a national investigation of airpollution emission changes in the 40 years following the enactment of the CleanAirAct (CAA).
On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the CleanAirAct (“CAA”).
EPA’s CleanAirAct (“CAA”) rulemakings directed at power plants are often the target of regulatory challenges in federal court. Read More » Tags: Air , CleanAirAct , EPA , HAPs , Hazardous AirPollutants , Rulemaking
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