Legal Planet

JANUARY 10, 2023

This 1960 case involved the application of Detroit’s air pollution ordinance to a ship docked there. The ship owner argued that the ordinance was preempted by federal boiler safety regulations and interfered with interstate commerce. The first use of the term “water pollution” came later, in a 1967 dissent from denial of certiorari.

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Environment Next

JULY 22, 2021

The bill further requires EPA to list PFOA and PFOS as hazardous air pollutants (HAPs) under the Clean Air Act and establish pretreatment standards and effluent limits for the compounds under the Clean Water Act. The bill now heads to the U.S.

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PA Environment Daily

JULY 27, 2021

A new NRDC report describes these risks and how weak regulations fail to appropriately protect workers and communities. Despite the clear health risks, there are no dedicated federal regulations to ensure comprehensive and safer management of radioactive oil and gas materials. What does this mean for workers and communities?

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Union of Concerned Scientists

SEPTEMBER 30, 2024

It was a big step towards providing adequate health protections, but Environmental regulations need to look at people, not just pollutants—and the way to get there is by assessing cumulative impacts. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.

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PA Environment Daily

MAY 21, 2024

She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.” of Bordentown v. “The

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Acoel

DECEMBER 12, 2022

The Clean Water Act – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The Clean Air Act – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time. They created a pathway towards cleaning our air, water, and land.

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Acoel

OCTOBER 1, 2022

The Court’s embrace of the ill-defined “ major questions doctrine ” as the rationale for refusing to give any deference to EPA’s admittedly “plausible” interpretation of section 111 d of the Clean Air Act has raised the specter of the Court’s conservative majority taking a sharp axe to any number of environmental regulations.

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Environment Next

AUGUST 4, 2020

The important take away is that state environmental compliance inspections of regulated facilities will occur as planned in 2020 and 2021, but may be delayed or performed remotely. It remains uncertain exactly how remote inspections will proceed and what techniques may be used to ensure their validity.

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Clean Energy Law

JULY 16, 2019

Section 108(b) of CERCLA authorizes EPA [i] to develop regulations requiring owners or operators of certain “classes of facilities [to] establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.”

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Ocean Conservancy

DECEMBER 5, 2022

Strengthen environmental regulations like the Clean Water Act, Clean Air Act and Toxic Substances Control Act protections to reduce pollution and climate impacts in fenceline communities.

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Ohio Environmental Law

SEPTEMBER 8, 2022

Toxic Substances Control Act section 7 imminently hazardous chemical. Supreme Court regarding the Clean Air Act and other environmental statutes as to whether EPA is required to consider costs when promulgating a rule. There have been multiple cases that have gone up to the U.S.

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Acoel

JULY 12, 2021

In reopening, EPA will remove an assumption that workers are provided and use personal protective equipment (PPE), which could expand risk management regulation to several chemical uses previously found not to present an “unreasonable risk” with the mitigating effect of PPE.

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Law Columbia

DECEMBER 5, 2019

Environmental impact assessments – Environmental reviews under the National Environmental Policy Act and its state counterparts should consider the climate conditions expected at the end of a project’s useful life, not just at the start, to help ensure the project can withstand those conditions.

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Environmental Science

JULY 30, 2018

Environmental regulation. EPA and agencies have dozens of guidance documents and regulations about analytical methods to be used for environmental samples. Based on regulations and scientific knowledge, commercial laboratories have an established suite of chemicals they typically look for in environmental samples. Limitations.

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Environmental Science

SEPTEMBER 7, 2018

Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals (1).

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E2 Law Blog

JULY 18, 2022

Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year in Review 2021, published by the ABA Section of Environment, Energy, and Resources.

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Legal Planet

OCTOBER 18, 2022

The Clean Water Act (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.

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Corp Watch

JANUARY 17, 2024

Mitchell | The Advocate | March 9, 2020 State regulators relied on nearly decade-old air pollution data to support their conclusion that Formosa Plastics' $9.4 James testifying against requested air quality permits for Formosa's planned petrochemical complex in St. USA: Deparment of Environmental Quality analysis for $9.4B

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Acoel

MAY 24, 2023

On May 16, the Fifth Circuit heard oral arguments – again – on one of the largest citizen suit penalties ever awarded under the federal Clean Air Act. bars against citizen suits for entirely past violations of the Clean Water Act under the Gwaltney doctrine). In Environment Texas Citizen Lobby v.

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ESA

DECEMBER 20, 2021

EPA – Proposed Consent Decree, Clean Air Act Citizen Suit. EPA – Proposed Settlement Agreement, Clean Water Act. Visit this page on ESA’s website for updates on opportunities from the Federal Register , including upcoming meetings and regulations open for public comment. .

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Environmental Science

SEPTEMBER 14, 2018

It is a practice and a philosophy, utilizing scientific tools and methods with applied ethics, and, where necessary, regulation and environmental law to limit the use of certain materials. Working to maintain biodiversity is conservation (regulate), making it illegal to build in a designated wilderness zone is preservation (eliminate).

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Acoel

OCTOBER 17, 2022

You Are Monsters!”), DMC decided to bring the pending action asserting that it has a constitutional right to untainted groundwater and that the discharges violated EPA regulations. DMC next claims that the regulations of the U.S. We agree that any reading of those regulations would identify multiple regulatory violations.

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E2 Law Blog

NOVEMBER 8, 2021

It may give the polluted-upon person a right to insist that the government consider the pollution before allowing the polluting facility to operate or before funding the polluting facility, and it may even create an obligation on the part of the government to regulate the existing polluting facility.

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Law Columbia

MARCH 6, 2018

The plaintiffs’ complaint asserting National Environmental Policy Act (NEPA), Clean Water Act, and Rivers and Harbors Act violations included allegations that the U.S. Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. ExxonMobil Corp. applied federal common law. Trump , No.

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Law Columbia

OCTOBER 7, 2019

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Center for Biological Diversity v. Bernhardt , No. 2:19-cv-14353 (S.D. filed Sept.

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Columbia Climate Law

MAY 8, 2020

The court said that having remanded to the Corps for consultation under the Endangered Species Act, it was not necessary to determine whether the Corps “made a fully informed and well-considered decision” under NEPA and the Clean Water Act. Association of Irritated Residents v. F078460 (Cal.

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Law Columbia

SEPTEMBER 10, 2021

Circuit found that FERC failed to address the significance of a National Environmental Policy Act (NEPA) regulation that the petitioners argued required use of the social cost of carbon or another methodology to assess the impacts of the projects’ greenhouse gas emissions. The states appealed the dismissal of the case. Missouri v.

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Union of Concerned Scientists

MAY 19, 2022

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. They appear to have a sympathetic ear in Justice Alito. The EPA under both the George W.

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Arnold Porter

AUGUST 26, 2021

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation. Table of Contents. Draft Contaminant Candidate List Included All PFAS.

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Legal Planet

MAY 16, 2024

Unless the Court moderates its views, future regulations will face tough sledding. The Clean Water Act requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? With that as background, here’s the list in chronological.

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ESA

AUGUST 30, 2021

Clean Water Act: A memo from the EPA and the Army Corps of Engineers provides guidance about how the Biden administrations will implement a 2020 Trump administration Clean Water Act rule limiting states’ ability to block infrastructure projects over water quality concerns. Justice Dept. Justice Dept.

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Environment, Law, and History

MAY 6, 2022

The turning point in the book is the winter of 1971 and 1972 where Nixon began to express serious concern that he would soon face major backlash from pro-industry voters if he continued to support stiff environmental regulations. “I I have an uneasy feeling that perhaps we are doing too much,” he wrote his chief of staff, H.

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Law Columbia

APRIL 23, 2021

But in this blog post, I unpack an aspect of the decision where I think it was more of a mixed bag: the court’s treatment of the international air pollution provision of the Clean Air Act, Section 115. Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions.

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Law Columbia

MAY 7, 2021

Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. Circuit erred by “untethering” Section 111(d) standards from the existing source being regulated. The company argued that the D.C.

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Law Columbia

JULY 2, 2021

The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Washington State Dairy Federation v. 52952-1-II (Wash. June 29, 2021).

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Law Columbia

NOVEMBER 7, 2017

The court said the trade group had satisfied the stringent requirements for a stay pending judicial review and stayed the rule “insofar as it purports to regulate trailers.” Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of Clean Air Act Jobs Study Case. Foster , No. 34-2016-CR-00187 (N.D.

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Law Columbia

FEBRUARY 10, 2020

Circuit Declined to Speed Up or Slow Down Challenges to Withdrawal of California Waiver and Preemption of State Authority to Regulate Vehicle Greenhouse Gas Emissions. Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. DECISIONS AND SETTLEMENTS. Association of Washington Business v. 95885-8 (Wash.

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