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My own priorities are public health, climatechange, and preservation of biodiversity/ecosystems. CleanAirAct. It is significant because if its huge public health benefits and because it has provided the basis for EPA regulation of greenhouse gases. Pavley Act. climate law.
Standing based on climate impacts C. Climate science F. Climate justice II. EPA regulation of greenhouse gas emissions under the CleanAirAct (CAA) A. Climatechange under other federal statutes. Climatechange as reason for threatened or endangered status under Endangered Species Act.
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). These impacts will only increase as climatechange worsens. Consistent with the D.C.
Though the case caught fewer headlines, it, too, threatened Earth-shifting implications all its own by thrusting into question a critical EPA lever for addressing climatechange. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct.
EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the CleanAirAct. What does this mean for clean energy projects?
The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climatechange. The Court then held that greenhouse gases are covered by the CleanAirAct as a type of air pollutant.
President Nixon signs the CleanAirAct of 1970 Richard Revesz recently posted a piece on climatechange regulation, " Bostock and the End of the ClimateChange Double Standard" , forthcoming in the Columbia Journal of Environmental Law.
Today, climatechange is the central, though by no means the only, concern in environmental law. Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. I found only one relevant reference using the term “climatechange” before 1985.
The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the state constitution’s guarantee to a “clean and healthful environment.” Whether climatechange impacts to Montana’s environment can be measured incrementally.
To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. Agricultural operations are almost uniquely unregulated.
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.
While the changes are slated to go into effect for facilities placed in service on or after January 1, 2025, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) still have some complex—and deeply consequential—issues left to resolve. Fuel blending.
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.
EPA has now formally restored its waiver under § 209(b) of the CleanAirAct that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA.
Environmental Protection Agency to limit greenhouse gas emissions from power plants under the CleanAirAct. Today’s decision does not change how we must respond to climatechange: boldly, quickly, and with love for our neighbors. Supreme Court released its decision on West Virginia V.
We know that burning fossil fuels is the main cause of anthropogenic climatechange, and that climatechange is the source of adverse impacts on communities and even regional and national economies. Instead, it has been to stem and confuse the flow of information about climatechange to the public and political leaders.
EPA , the Supreme Court limited the authority of the United States Environmental Protection Agency (EPA) to reduce greenhouse gases by setting emission guidelines for existing power plants, characterizing the energy generation shifting strategy proposed in the Clean Power Plan (CPP) as an overreach of the agency’s power.
By Stephen Wiegand On December 15, 2009, EPA published in the Federal Register its final endangerment findings with respect to greenhouse gases. In its findings published on December 15, EPA concluded that six greenhouse gases taken in combination may reasonably be anticipated to endanger public health and public welfare. See 74 Fed.
Foremost among these is a legal memo from EPA regarding Treasury’s interpretation and implementation of “lifecycle greenhouse-gas emissions” in 45V. Though seemingly obscure, this memo is fundamental to justifying Treasury’s proposed three-pillars approach.
But this also raises other questions: 1) Can we expect the season to continue to lengthen as global warming from increasing concentration of globally well mixed greenhouse gas (GWM-GHG) continues to warm the Atlantic SSTs? and European CleanAirActs and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al.
Shapiro released the consensus recommendations by the Climate and Energy Work Group of organized labor, energy industry, consumer and environmental stakeholders to discuss Pennsylvania’s energy future, including the Regional Greenhouse Gas Initiative. NewsClip: -- AP: Gov.
Going back to 1978 and through this month, Congress has acknowledged climatechange in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for ClimateChange Law. The Sabin Center’s collection of congressional references to climatechange can be accessed here.
The Sabin Center for ClimateChange Law and Environmental Defense Fund have just launched IRAtracker.org. Source: iratracker.org The IRA is this country’s largest climate investment to date. For example, by selecting “EPA” on the database homepage, users can see a list of the IRA programs EPA is responsible for implementing.
EPA as part of our ongoing amicus efforts to support strong federal climate regulations. The case involves EPAs 2024 Vehicle Standards that set new air pollutant and greenhouse gas (GHG) emissions standards for model year 2027 through 2032 Light- and Medium-Duty Vehicles, which have been challenged by states and industry groups.
Climatechange nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climatechange impacts.
EPA ) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints. This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v.
Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.
2024), the Montana Supreme Court affirmed a trial court decision striking down state law provisions that barred state agencies from considering greenhouse gas (“GHG”) emissions in permitting decisions, finding the law violates the environmental rights guaranteed by the Montana Constitution. State of Montana , 2024 MT 312 (Mont.
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.
This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure.
A recent post by Dan Farber at Legal Planet discussed the issue of when climate awareness began to enter American law. In "The Origins of Climate Awareness in the Legal Academy" , Farber writes: The earliest clear references to climatechange that turned up in my search. were in 1978 articles about nuclear energy.
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”).
The Climate Pollution Reduction Grants (CPRG) program provides $5 billion in grants to states, local governments, tribes, and territories to develop and implement ambitious plans for reducing greenhouse gas emissions and other harmful air pollution. billion for competitive implementation grants.
A highly potent greenhouse gas, methane makes a significant contribution to climatechange, but has historically received relatively little attention in climate mitigation discussions. That is now beginning to change. The global community is not currently on track to achieve that goal.
On June 25, 2013, President Obama delivered a major speech on the topic of climatechange. In it he outlined a broad policy agenda aimed at addressing the challenges posed by the changingclimate.
The Air Quality Management Plan (AQMP) is a regional blueprint prepared by the SCAQMD for achieving the standards. One of the most significant air quality challenges in the Basin is reducing emissions of the ozone precursor nitrogen oxides (NO x ) to meet the ozone standard attainment deadlines.
These include: (1) mitigating climatechange, (2) addressing PFAS contamination, and (3) protecting communities from carcinogenic coal ash contamination. 1) Mitigating ClimateChange. Three new NECIs. See David M. Uhlmann, Memorandum: FY 2024 – 2027 National Enforcement and Compliance Initiatives (Aug. 17, 2023). (1)
Environmental Protection Agency issued for public input a draft white paper on control techniques and measures that could reduce greenhouse gas (GHG) emissions from new stationary combustion turbines. On April 21, the U.S. These turbines, which are currently projected to be a significant part of U.S.
Grey counsels a wide array of clients on regulatory, policy, and compliance matters related to climatechange, including the federal Renewable Fuel Standard, California's Low Carbon Fuel Standard, the CleanAirAct, and other state and international initiatives on transportation sector greenhouse gas emissions.
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.
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. and non-U.S. filed June 5, 2017; emergency motion for stay granted July 3, 2017).
The Good The Supreme Court left the EPA’s overall ability to regulate greenhouse gases intact. It agreed with settled science that carbon dioxide from the combustion of fossil fuels is the major source of greenhouse gases, and that climatechange is real.
These state-level “Climate Superfund” bills are modeled on the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, which imposes liability on multiple parties, including the generators of waste, for the cleanup of contaminated sites.
More plastic means more pollution—for the climate, coastal communities and our ocean. billion tons of greenhouse gas emissions into our atmosphere—the equivalent of 300 coal-fired power plants—and these facilities are sited in predominantly low-income communities and communities of color.
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