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The issue was whether state plans under the CleanAirAct only need to prevent violation of national air quality standards, or whether they must prevent deterioration in areas where the air is already cleaner than the standards. International Harvester Co. Ruckelshaus (1973). In immediate terms, this D.C.
The post EPA, Utah Settle with Oil and Gas Companies for CleanAirAct Violations appeared first on Environment + Energy Leader. The EPA has settled with two oil and gas companies regarding pollution violations in Utah.
Academy Express, LLC , the Conservation Law Foundation brought a private right of action under the CleanAirAct, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut. In Conservation Law Foundation, Inc. 20-10032-WGY (D.
What does the CleanAirAct say about emissions tampering? The CleanAirAct is crystal clear: no one is allowed to tamper with the emissions controls of a motor vehicle or motor vehicle engine, full stop ( 42 U.S.C. 7522(a)(3) ). No, EPA is not coming for your race car.
CleanAirAct. This law, signed on the first day of 1970, requires agencies to disclose the environmental effects of their actions. This marked the beginning of a decade of legislative environmental legislation. NEPA remains the workhorse of natural resource litigation today.
The post Establishing Standing in Citizen Suits Under the CleanAirAct: Breathing Polluted Air May Not Suffice first appeared on Law and the Environment. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.
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
The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the CleanAirAct (CAA).
CLEEs new report State of Aviation Deecarbonization: State Policy Options to Regulate Carbon Emissions from Aviation and Federal Preemption Risk provides an in-depth analysis of these legal issues with respect to three potential state policy approaches: regulation via a low carbon or clean fuel standard , which creates a carbon intensity target for (..)
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 Air Pollution Control Act and the plant's permit. "As
rule is a good step, but more is needed The CleanAirAct requires the EPA to periodically review the science for six criteria air pollutants , including particulate matter, and to use this science to set a standard known as the National Ambient Air Quality Standards. EPA’s PM 2.5 American Trucking Associations.
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. You can find our report and interactive map here.
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.
and numerous affiliated companies (collectively, GWRSI) for violation of CleanAirAct (CAA) locomotive regulations. The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”
EPA regulation of greenhouse gas emissions under the CleanAirAct (CAA) A. Standing based on climate impacts C. Social Cost of Carbon D. Co-benefits E. Climate science F. Climate justice II.
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 air pollutant. Among other things, the CleanAirAct gives federal protection to wetlands.
President Nixon signs the CleanAirAct of 1970 Richard Revesz recently posted a piece on climate change regulation, " Bostock and the End of the Climate Change Double Standard" , forthcoming in the Columbia Journal of Environmental Law.
EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct. First and foremost, despite some fossil fuel interests swinging for the fossil fuel-favored fences, the Supreme Court’s decision in West Virginia v. And here, the Court has struck a devastating blow.
If signed, the state would have to withdraw CleanAirAct waiver requests already in process with the Environmental Protection Agency. These four bills would introduce unnecessary delays, conditions, and exceptions into the ACF and CHC standards, weakening California’s ability to combat the diesel pollution crisis.
Congress’ critical role in addressing the plastic crisis: Don't support plastic polluters' plans to remove CleanAirAct restrictions on incinerating plastic.
Yet EPA isn’t proposing standards consistent with those plans, let alone actually driving the industry beyond what it already promises to do, as required under the CleanAirAct. This fight by industry to delay, obstruct, and otherwise thwart stronger regulation has devastating consequences. Image: Freightliner ).
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. Section 111 of the CleanAirAct constrains how EPA sets standards—but gives states wide latitude in implementation.
” This actually pretty typical language in environmental statutes,, such as section 202 of the CleanAirAct, which EPA has used to limit carbon emissions from cars. The Court summarizes that section as saying: “Whenever, in the judgment of the [Environmental Protection Agency (EPA)] Administrator.
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.
One tries to combine two lines of precedent to argue that state liability rules were preempted by federal liability rules, but that the federal liability rules themselves were displaced by the CleanAirAct so no basis for liability remains. I don’t expect this argument to win in state court.
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.
The Biden administration is marking Earth Week with announcements of solar power funding for lower-income communities, an expansion of the Climate Corps and CleanAirAct rules
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.
In a case that could open the door to more citizen suits to enforce mobile source provisions of the CleanAirAct—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.
For example, regulations under the CleanAirAct and the Clean Water Act, which often rely on broad and ambiguous statutory mandates, are now vulnerable to unfavorable rulings at the hand of activist judges. This could hinder efforts to implement climate policies at the federal level.
On October 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 Air Pollution Control Act and the plant's permit.
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.
The decision focuses on EPA’s authority under a specific section of the CleanAirAct. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .
Thus, “the holdings of those cases that specific agency actions are lawful—including the CleanAirAct holding of Chevron itself—are still subject to statutory stare decisis [Latin for standing by past decisions] despite our change interpretive methodology.”
CleanAirAct. But the facility’s legacy of smog pollution continued long after … Continue reading How the CleanAirAct lets closed coal plants keep polluting for years
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.
Under the CleanAirAct, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions.
We also estimated that EtO emissions contributed to more than 80 percent of the cancer risk attributable to toxic air pollution around the facility. Even more, not only was this facility emitting high levels of EtO, but it was also violating the federal CleanAirAct (CAA).
AGREES TO PAY OVER $1 MILLION FOR CLEANAIRACT VIOLATION Department of Justice PaulaR Mon, 08/28/2023 - 12:50 Saturday, June 25, 2005 Read more WASHINGTON, D.C.-The Environmental Protection Agency (EPA) today announced a CleanAirAct settlement with Volkswagen of America, Inc. VOLKSWAGEN OF AMERICA, INC.
As with too many other air pollutants, people of color face a disproportionate impact from sterilizers that pose greater cancer risks, co-located facilities, and those violating the CleanAirAct.
Reclassification of major pollution sources This rule is a mouthful—”Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the CleanAirAct”—but it’s vital: it provides a path for agency experts to review a set of information to determine if a facility emits pollution at low enough levels such that it can (..)
discussing the ways in which local air districts can take action to end harmful air pollution from building appliances. As we explained in our brief, under the federal CleanAirAct, states are required to submit SIPs detailing strategies to come into attainment with federal air quality standards for pollutants like ozone and PM2.5.
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