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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. Coalition for Responsible Regulation v. International Harvester Co. EPA (2012 ).
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. Inflation Reduction Act.
is a serious blow to the EPA’s ability to fight climatechange—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “ Danger Season ” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climatechange.
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
This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. Successful court cases could limit the scope of future regulations. Worse, agencies may decide not to even try.
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 Clean Water Act, and more? Climatechange is a classic example of cumulative effects. The first post is here.
The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air. But here’s the thing: CARB itself has the authority to regulate greenhouse gas emissions from dairies.
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 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.
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 did the Court decide?
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.
President Nixon signs the CleanAirAct of 1970 Richard Revesz recently posted a piece on climatechangeregulation, " Bostock and the End of the ClimateChange Double Standard" , forthcoming in the Columbia Journal of Environmental Law.
Nevertheless, and with the possible exception of the CleanAirAct, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA. ” That obviously did not, and will not, happen. Environmental Protection Agency.).
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.
Whether climatechange impacts to Montana’s environment can be measured incrementally. Whether climate impacts and effects in Montana can be attributed to Montana’s fossil fuel activities. Intergovernmental Panel on ClimateChange. They are: Whether Plaintiffs’ injuries are mischaracterized or inaccurate.
Under the CleanAirAct, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. I predict that we’ll see a wave of legislation and agency regulation at the state level, sparked by federal legislation.
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.
To avoid the worst potential consequences of climatechange, we will have to transform the transportation and electric power sectors in tandem. In other words, cars and trucks are responsible for 23.5 percent of total US heat-trapping emissions, nearly as much as the electric power sector, which contributes 25 percent.
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.
In late December, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations for the Section 45V Clean Hydrogen Production Tax Credit. The tax credit, passed as part of 2022’s Inflation Reduction Act, provides a generous incentive for the production of clean hydrogen.
The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the CleanAirAct in making major modifications to its Rush Island facility. 7413(b), expressly provides for injunctive relief to redress violations of the Act.”. I still believe that.
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.
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.
By Joshua Bledsoe , Nick Cox , and Jennifer Garlock On December 14, 2023, a US federal judge rejected claims that federal law preempts the South Coast Air Quality Management District’s (SCAQMD or the District) adoption of Rule 2305 (Rule), upholding the first-in-the-nation Rule [1] that regulates trucking emissions from warehouses.
The plaintiffs in these cases allege that the companies knew the harms their products would cause, that the companies failed to warn and misled the public about those harms, and that the products have caused damages in the form of rising seas, more frequent and severe storms, heat waves, and wildfires, among other climatechange impacts.
The Governor made clear any energy policy supported by his Administration must meet his three-part test of protecting and creating energy jobs; taking real action to address climatechange; and ensuring reliable, affordable power for consumers in the long term.
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.
The South Coast Air Basin includes portions of Los Angeles, Riverside, and San Bernardino counties and all of Orange County, covering 6,745 square miles. The SCAQMD is the local agency responsible for attaining these cleanair standards in the Basin. Facility-Based Mobile Source Measures.
Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the CleanAirAct (RMP). 40 CFR Part 68.
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.”
Because of this, regulators worked closely with impacted businesses, community advocates, and technical and policy experts (like UCS!) Other Frequently Asked Questions… What are the climate benefits from the ACF Regulation? Such meaningful and transformative efforts are not free from hiccups, however.
497 (2007), in which the Supreme Court held that greenhouse gases were “pollutants” under the CleanAirAct and ordered EPA to determine whether greenhouse gases “may reasonably be anticipated to endanger public health or welfare” under Section 202 of the Act. 66496 (Dec. EPA, 549 U.S.
Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.
The California Air Resources Board (CARB) is still awaiting funding to craft the regulations needed to implement the laws, though it has indicated it will begin the process soon. However, the existence of federal regulations on the same subject as a state law does not mean that state law is necessarily preempted. 218 (1947)).
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.
.] -- The Allegheny Front: Advice From A Youth Climate Organizer; Preview Of Pittsburgh Youth Climate Summit -- StateCollege.com Guest Essay: Youth Know The Direction America Should Take - Im Listening - By Peter Buck, Director of Education At Penn State Sustainability -- Criminal Convictions; Record Penalties, Restitution Of Over $158.3
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.
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.
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.
As public companies await the SEC’s regulation dictating what the “G” will mean, private companies and non-profits are also following suit as their stakeholders are confirming that these mandates will transcend the public company forum. It is a clear opportunity for the “Es” to spend a lot more time with the “S” and the “G” folks.
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. because those projects involve activities or have impacts that the laws were intended to regulate).
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.
The information may assist states and local air pollution control agencies, Tribal authorities, and regulated entities in their consideration of technologies and measures that may be implemented to reduce GHG emissions from stationary combustion turbines.
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