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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.
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.
These penalties are in addition to a $670,000 civil penalty DEP accessed against Shell Falcon Pipeline and its contractor Minnesota Limited LLC for violations of its permit and other laws and regulations that occurred in 2019 and 2020 during pipeline construction. Read more here. Read more here. Read more here. Read more here. Decrease To 31.2%
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
Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. The post Establishing Standing in Citizen Suits Under the CleanAirAct: Breathing PollutedAir May Not Suffice first appeared on Law and the Environment.
Among the commenters was my colleague Sam Wilson , who passionately and effectively called on the EPA to follow the science and enact the strongest airpollution standards to protect people’s health. pollution, half of the deaths are attributable to the burning of fossil fuels. pollution is, even at low levels of concentration.
The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards.
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.
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.
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.
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?
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. Community members quickly came together and a local grassroots group, Memphis Community Against Pollution (MCAP), began to sound the alarm.
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. We can’t allow these pollution events to become the cost of doing business.
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 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.
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. It was only once that shift was made that we could begin to think of contaminated rivers, smog, and clearcutting as part of the same body of law. City of Detroit.
For each of these separate governmental rulemaking processes, public comments will be accepted, and all substantive comments are required by law to be considered by the agency. EPA plans to issue a CleanAirAct rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well.
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).
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. By law, that suit had to be brought in the D.C.
Wells Environmental Law Clinic and the Leadership Counsel for Justice and Accountability have released a new report, Concentrated Overburden , that explores the connection between California’s history of racialized land use practices and environmental injustice throughout the state. The Frank G. Research conducted by students in the Frank G.
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 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.
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.
In 1963, a typical car—which ran on leaded gasoline without pollution control devices— emitted 520 pounds of hydrocarbons, 1,700 pounds of carbon monoxide, and 90 pounds of nitrogen oxide every 10,000 miles traveled. Will the law help transit agencies deal with their looming budget crises?
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.
CT , the Supreme Court said this: We hold that the CleanAirAct and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. at 528–529. 7411(b)(1)(B); see also §7411(a)(2). Connecticut , 564 U. 410 (2011). Post, at 20.
On September 14, 2023, in Conservation Law Foundation v. 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.
Farber writes: Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. Six years later, the Court decided its first airpollution case. Yet the Court didn’t hesitate to address pollution issues. an interstate airpollution case. Water pollution.
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.
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”).
This rule was a clear opportunity to exercise the Agency’s authority under the CleanAirAct to promote the most advanced emissions reductions technology. The CleanAirAct is pretty clear on the question at hand, and the data is as clear as can be—California must get its waiver ASAP.
In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” s claims were still grounded in that supplanted common law.
On February 12, environmental groups announced the US Environmental Protection Agency formally objected to an air quality permit for the US Steel Edgar Thomson Plant issued by the Allegheny County Health Department in August 2023 saying it was not in compliance with the CleanAirAct. Steel Edgar Thomson by ACHD.
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
Environmental Protection Agency (“EPA”) and the American Lung Association in the litigation involving EPA’s Cross-State AirPollution Rule (“CSAPR”). The CSAPR sets limits on sulfur dioxide and nitrogen oxides from power plants in 28 upwind states in the eastern part of the country. On August 21, 2012, in a 2-1 decision, the D.C.
million penalty and make extensive improvements at its steel production facility in Braddock, Pennsylvania, as part of a settlement covering longstanding airpollution violations. Settlements like this serve notice to companies that they must follow the law to keep workers and neighbors healthy and safe.”
Building code authority : While EPCA broadly preempts many state and local energy conservation standards for appliances, the law also contains a statutory exemption to EPCA preemption for state and local building codes. Airpollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.
Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State AirPollution Rule (CSAPR). Specifically, only states that contributed a threshold amount to the airpollution in a downwind state were subject to the provision.
23, 2011), available at [link] EPA is proposing changes to the New Source Performance Standards (NSPS) in 40 CFR part 60 and technology-based National Emissions Standards for Hazardous AirPollutants (NESHAP) in 40 CFR part 63 that apply to oil and gas production, processing, transmission and storage facilities. 52738 (Aug.
By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching CleanAirAct rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug. See David E.
On January 20, 2021, the Ohio EPA’s Division of AirPollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities.
My presentation was titled: Environmental Disasters that Led to Environmental Laws. This presentation reminded me of how our environmental laws in this country have been enacted. As many of us know well, most major federal environmental laws were enacted on the heels of major environmental disasters. appeared first on ACOEL.
Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State AirPollution Rule (CSAPR). The panel, in a 2-1 decision authored by Judge Kavanaugh, held that CSAPR exceeded EPA’s statutory authority under the CleanAirAct (CAA) in two independent respects.
On April 25, the Eyes On Shell citizens initiative reported fenceline airpollution monitoring data at Shell's Petrochemical Plant in Beaver County reported benzene levels of over 185 µg/m3 and 89 µg/m3 they said was above the 29 µg/m3 minimum risk level established by the federal Agency for Toxic Substances and Disease Registry.
What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Sponsored Content.
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