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The CleanWaterAct (CWA), one of the nation’s most important environmental laws, is 50 years old today. The nation’s rivers, streams, lakes and ocean waters are dramatically cleaner and healthier than they were a half-century ago. (credit: Amazon). ” That obviously did not, and will not, happen.
My own priorities are public health, climatechange, and preservation of biodiversity/ecosystems. CleanAirAct. In public health terms, what makes air pollution distinctive is the millions of people exposes to common pollutants such as particulates and smog. CleanWaterAct.
Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the CleanAirAct, the CleanWaterAct, and more? Climatechange is a classic example of cumulative effects. The first post is here.
Five implications for climate accountability The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations — particularly those related to environmental protection and climatechange, as many of these regulations were crafted to be flexible in interpretation by design.
Use of federal common law to pursue water pollution cases enjoyed a big revival in the 1960s and early 1970s. It was ended by the Supreme Court, which held that the then-new CleanWaterAct took over the field of interstate water pollution in lieu of court-made rules. Climatechange.
Take for instance: the burning Cuyahoga River that led to the CleanWaterAct; the disastrous air pollution incident in Donora, PA that led to the passage of the CleanAirAct; the discovery of Love Canal that lead to the passage of Superfund; and most tragically, the chemical gas release in Bhopal, India that lead to the passage of EPCRA.
This blog is based on a talk given to the ClimateChange: Response and Resilience Leadership Forum at Columbia University on November 20, 2019, sponsored by RenaissanceRe. We know that, mostly as a result of climatechange, extreme weather events are becoming more frequent and severe. By Michael B.
This production process emits significant air and water pollution with severe health consequences for neighboring communities already bearing the brunt of climatechange impacts like sea level rise, severe storms and flooding. .
Climatechange : The process by which the climatechanges due to “forcings”. National Emissions Standards for Hazardous Air Pollutants (NESHAP) : A set of EPA standards on air pollutant emissions of chemicals that could cause serious permanent harm to wildlife or people or kill organic matter.
Methane Emissions EPA announced it would reconsider regulations for the oil and gas industry under Section 111 of the CleanAirAct and Subpart W of the Greenhouse Gas Reporting Program. EPA also announced it would reconsider risk management rules that cover oil and natural gas refineries and chemical facilities.
For example, EPA under the CleanWaterAct established 129 “ Priority Pollutants ” in 1976, a list of which is a typical analytical suite that you can order as a package. CleanWaterAct. Through this law, water pollution is managed by controlling wastewater discharges.
million for PFAS clean-up. It also directs the Department of Defense to ensure that its core processes fully consider and make adjustments to account for climatechange and ensure the climate resilience of DoD assets. EPA – Proposed Consent Decree, CleanAirAct Citizen Suit. The bill includes $514.3
The real question this Court wants to address, however, is whether the regulation of groundwater by the Agency can ever be within the power granted to it by the CleanWaterAct. [ix]. xviii]. Likewise, RCC and your supporters, you say climatechange isn’t happening. Find another way. EPA , 142 S.Ct.
President John F Kennedy introduced the CleanAirAct in the US as one of many introduced in developed nations with heavy industry (15). Food and Water Security. Rachel Carson's Silent Spring highlighted many of the ecological problems that industrial and commercial activity was doing to our world.
The CleanWaterAct requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? In this opinion dealing with a fairly technical issue under the CleanAirAct, Justice Stevens strengthened judicial deference to administrative agencies.
Before long, Nixon had created the Environmental Protection Agency and signed the CleanAirAct, the CleanWaterAct, and other legislation that to this day rank among the strongest environmental laws on earth. Which brings us to this Earth Day.
On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climatechange harms under state public nuisance and trespass law. As my collaborators and I argue in our book, these criteria are satisfied in the case of climatechange. (A
This framework allows state environmental laws passed pursuant to a federal environmental law, like the CleanWaterAct (“CWA”) or CleanAirAct (“CAA”), to have the force and effect of federal law if the Environmental Protection Agency (“EPA”) approves the state implementation plans.
There are also legal issues associated with CAFOs, such as the EPA failing to require CleanWaterAct (CWA) and CleanAirAct (CAA) permits. Biogas is mostly comprised of methane and carbon dioxide, which are harmful gases that contribute to climatechange.
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 103. and non-U.S.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 149. With respect to climatechange, the D.C.
The Cuyahoga fire, along with a major oil spill off the coast of Santa Barbara that same year, galvanized national attention and led to the first Earth Day, a slew of new air and water protection laws, and the creation of new federal departments to administer them, including the Environmental Protection Agency (EPA).
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 126. and non-U.S. Supreme Court. 17-1258 (D.C.
The initial list of societal challenges includes climatechange and sustainability and inequitable access to education, opportunity or other services. Salud Carbajal (D-CA) and Brian Fitzpatrick (R-PA) introduced two climate and ocean bills. The Coastal State Preparedness Act (H.R.
We share the concerns expressed by former EPA administrators who recently wrote that such cuts would render the agency incapable of protecting Americans from grave threats in our air, water and land. Another credible analysis found the benefits of the CleanAirAct exceeded its costs by more than 30 to one.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE #130: FEATURED CASE. and non-U.S.
In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climatechange disclosures must be struck down under its banner. As Justice Kagan points out in her Biden v.
Yesterday I had some time to reflect on where we are regarding Democracy, the Rule of Law, climatechange, and the environment, and where we might be going. In 1971 the CleanAirAct was passed and Nixon signed it. In 1972 the CleanWaterAct was passed and Nixon signed it. Until yesterday.
Supreme Court to hear CleanWaterAct case. UN seeks input about possible topics for the Ocean and ClimateChange Dialogue. The NSF provisions of the America COMPETES Act creates a new NSF Directorate for Science and Engineering Solutions. AG pulls out of Supreme Court climate case – E&E News.
Global Climate Talks Commence in Glasgow. World leaders, diplomats and members of civic society from across the world convened in Glasgow, Scotland for the United Nations ClimateChange Conference of the Parties (COP26), Oct. NOAA also received $20 for climatechange education activities.
3277 ) to codify a Trump administration regulation that limited states’ ability to block fossil fuel projects under the CleanWaterAct. Ecosystems form the foundation upon which society can survive and thrive, providing food, cleanwater, cleanair, materials, and recreation. 3, 2022.
Legislators provide $200 million to NOAA for weather, coasts, oceans and climate research, $100 million for NOAA competitive climate research grants and provides $100 million to NOAA for development and dissemination of climate science information products and services. degrees Celsius. Biden EPA move to repeal Trump WOTUS rule.
Climate: Twenty-seven Democratic members of Congress wrote to US Climate Envoy John Kerry asking him to push the United Arab Emirates to remove Sultan Al Jaber as the head of this year’s U.N. climate talks. Kerry has previously made remarks supportive of Al Jaber’s role in the climate talks.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107. and non-U.S. ExxonMobil Corp.
Outside of bird protection acts of the early 20 th century, protections for water, air and the atmosphere are a late 20 th -century development, created in the wake of Rachel Carson’s 1962 treatise on pesticides, Silent Spring. ClimateChange on the Docket.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 133. By Margaret Barry and Hillary Aidun.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 146. By Margaret Barry and Korey Silverman-Roati.
New United Nations Climate Report Warns of a ‘Code Red for Humanity’. The Intergovernmental Panel on Panel on ClimateChange released its sixth assessment report , ahead of the UN Conference of Parties Climate Meeting in Glasglow, Scotland in October and November 2021. UN Climate Report Expected to Drive U.S.
Supreme Court will hear CleanWaterAct case in October 2023. At stake was the ability to reduce carbon emissions as written in the ‘Clean Power Plan’ regulation under the auspices of the CleanAirAct that gives the Environmental Protection Agency (EPA) power to regulate “the best system of reducing emissions.”
Sean Casten (D-IL) ‘s Climate Risk Disclosure Act ( H.R. This bill requires publicly listed companies to disclose their greenhouse gas emissions and how climatechange will impact their businesses to the Securities and Exchange Commission. These indicators inform the National Climate Assessment. International. .
Courts Climate lawsuit filed by Hawai’i teens advances in state courts. The CleanWaterAct is a federal law that gives authority to states to protect the nation’s waters. Executive Branch Top environmental official at the State Department to depart to lead the Wildlife Conservation Society. Forests: Reps.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 147. By Margaret Barry and Korey Silverman-Roati.
Posted on February 4, 2025 by Jim Blackburn Today in the United States, there is no federal comprehensive statute addressing climatechange. By contrast, the situation with our societal response to climatechange is different totally different and unlike any other area of modern environmental law. They are required.
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 145. By Margaret Barry and Korey Silverman-Koati.
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