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This is the second in a series of posts on the reasons we might have environmental review. Why might we have an environmental review statute such as NEPA when we already have a range of other environmentalprotection statutes such as the CleanAirAct, the Clean Water Act, and more?
This doctrine has played a crucial role in enabling agencies to enforce regulations on complex issues such as environmentalprotection, public health, and consumer safety. Slower Regulatory Process : The decision introduces a new level of difficulty into the regulatory process.
On March 24, the US EnvironmentalProtection Agency posted information on how industries regulated under a variety of federal CleanAirAct programs could obtain Presidential Exemptions from those requirements. Click Here for the EPA announcement [ PDF of page ].
Last week, the US EnvironmentalProtection Agency (EPA) finalized updated regulations for certain facilities that emit ethylene oxide (EtO), a colorless, cancer-causing gas. Under the CleanAirAct, EPA is required to review and revise standards for “hazardous air pollutants” (including ethylene oxide), every eight years.
As an example of a statutory delegation of authority, the Court cites a provision in the Clean Water Act, 33 U. The Court summarizes that section as saying: “Whenever, in the judgment of the [EnvironmentalProtection Agency (EPA)] Administrator. discharges of pollutants from a point source or group of point sources.
EnvironmentalProtection Agency. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct. This term, alongside a number of cases with the potential for seismic implications, the Supreme Court also took up West Virginia v. ” Justice Kagan, dissenting.
EnvironmentalProtection Agency and the Department of Justice announced a settlement with Genesee & Wyoming Railroad Services Inc. and numerous affiliated companies (collectively, GWRSI) for violation of CleanAirAct (CAA) locomotive regulations. On January 24, the U.S.
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.
The US EnvironmentalProtection Agency (EPA), the National Toxicology Program, and the International Association of Research on Cancer classify EtO as a substance that can cause certain cancers. EPA plans to issue a CleanAirAct rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well.
When we breathe the air or drink the water, we’re taking in any potential contaminants all at once—with effects that can combine or even compound. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. It’s important to look at the bigger picture.
Breathing ethylene oxide in the air over a long period of time is associated with an increased risk of developing cancer, especially white blood cell and breast cancers. Workers at these facilities and children who are exposed are especially at risk.
The facility in South Memphis was among the most dangerous commercial sterilization facilities in the United States, featured by the US EnvironmentalProtection Agency (EPA) as one of more than 20 facilities contributing to “elevated cancer risks” in nearby communities.
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. One critical tool for forcing that reckoning comes from the EnvironmentalProtection Agency (EPA).
The rules are developed by engineers, scientists, health professionals, and professional agency staff who know about environmentalprotection and how to develop and implement rules. Federal judges have a lot of legal expertise, but their skillset generally doesn’t include this kind of deep knowledge about public health.
EnvironmentalProtection Agency et al. Once Congress passes protective laws like the CleanAirAct, agencies have generally had deference to implement those laws based on the latest scientific evidence of harms caused by pollutants and options to limit those harms.
EPA on Thursday, June 30, 2022, curbing the power of the EnvironmentalProtection 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?
On November 21, the Department of EnvironmentalProtection announced it has determined , in response to a rulemaking petition, the state Environmental Quality Board has the statutory authority to adopt a regulation setting more protective setbacks from shale gas wells for homes, schools and streams in its initial petition review.
On October 17, 2022, the United States EnvironmentalProtection 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.
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. The United States EnvironmentalProtection Agency conducted the investigation leading to the Indictment in this case.
Cleaning up the power sector is a foundational component of any and every viable path to meeting our nation’s climate targets, both to address emissions from fossil fuel-fired power plants, and to enable the cleaning up of large portions of the rest of the economy through widespread electrification.
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 EnvironmentalProtection Agency (EPA) today announced a CleanAirAct settlement with Volkswagen of America, Inc.
Background In December 2019, Erie Coke [Coal] Plant locked out its employees and shuttered the plant in the face of significant and continuing environmental violations. Attorney's Office in Western PA indicted the Erie Coke Corporation and the former plant superintendent on criminal charges of violating the federal CleanAirAct.
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. EnvironmentalProtection Agency.).
PA Bulletin, page 1599 ) Read more here. -- DEP published notice in the February 15 PA Bulletin inviting comments on an analysis designating an Exceptional Event under the federal CleanAirAct related to Canadian wildfires in June and July 2023 and their impact on air quality in Pennsylvania.
The Department of EnvironmentalProtection published notice in the July 27 PA Bulletin that it is requiring any facility operating under a temporary Title V Air Quality Plan Approval for more than 12 months to submit an application for a Title V Air Quality permit on or before November 25, 2024.
The EnvironmentalProtection Agency (EPA) has known for years that emissions of ethylene oxide —a colorless, odorless gas used to sterilize medical equipment and some food products—pose a long-term cancer risk to communities near commercial sterilizing facilities. This is a blatant example of environmental injustice.
According to GenOn, EPA’s action offended the cooperative federalism structure of the CleanAirAct by undermining a state’s power to determine how to achieve air control standards. at 27 (quoting 42 U.S.C. 7426(c)).
EnvironmentalProtection Agency, and Max Goff , certification manager for Project Canary , will give separate presentations. The EPA is proposing a new CleanAirAct rule to sharply reduce methane emissions from the oil and natural gas industry – including, for the first time, reductions from existing sources nationwide.
Earlier this month, I provided testimony to the EnvironmentalProtection Agency (EPA) at a public hearing on the proposed rule on sterilization facilities that emit ethylene oxide (EtO), a cancer-causing gas. Many companies transport sterilized medical equipment to warehouses that are not subject to CleanAirAct regulations.
EnvironmentalProtection Agency to limit greenhouse gas emissions from power plants under the CleanAirAct. We are deeply troubled by this decision that undermines the authority of the very agency tasked with the mission ‘to protect human health and the environment.’ On June 30, the U.S.
EPA , the Supreme Court limited the authority of the United States EnvironmentalProtection 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.
On March 14, the Attorney General opened another investigation into Energy Transfer/Sunoco into potential environmental crimes related to the Energy Transfer/Sunoco pipeline that leaked petroleum into household wells in Upper Makefield Township, Bucks County. EnvironmentalProtection Agency. Read more here.]
Furthermore, the EnvironmentalProtection Agency (EPA) provided a strong and clear affirmation of the appropriateness of Treasury’s proposed approach in light of EPA’s long-standing interpretation and implementation of the referenced lifecycle greenhouse gas emissions definition.
EnvironmentalProtection Agency announced the federal government has settled its final federal CleanAirAct (CAA) claim against Philadelphia Energy Solutions Refining and Marketing, LLC pertaining to the June 21, 2019 fire and explosion at its former South Philadelphia refinery. On October 8, the U.S.
On April 12, 2024, the Shell Petrochemical Plant requested the Department of EnvironmentalProtection to classify the composition and flow rate of gases going to be burned off at flares and the air pollution sources and pollution control equipment operating at the Beaver County facility confidential business information.
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.” See brief filed by residents.)
On August 7, 2023, the states of Iowa and Nebraska filed a lawsuit against the EnvironmentalProtection Agency (“EPA”) to challenge. The post States File Suit Over E10 Biofuels appeared first on National Agricultural Law Center.
Between 1972-1978, federal agencies such as the EnvironmentalProtection Agency (EPA) and the Centers for Disease Control and Prevention (CDC) were able to initiate health-based regulations to remove lead from gasoline and drinking water.
The Department of EnvironmentalProtection published notice in the February 15 PA Bulletin inviting comments on an analysis designating an Exceptional Event under the federal CleanAirAct related to Canadian wildfires in June and July 2023 and their impact on air quality in Pennsylvania.
On February 17, the CleanAir Council and the Environmental Integrity Project sent a letter to the Department of EnvironmentalProtection urging the state to temporarily halt operations at a Shell plastics chemical plant in Beaver County that has repeatedly violated air pollution limits and recently released plumes of black smoke for several hours.
8, 2021, the United States EnvironmentalProtection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ ANPRM Notice ”) addressing possible future regulation of pyrolysis and gasification units under the federal CleanAirAct (CAA).
EnvironmentalProtection Agency (EPA)’s Green Power Partnership Program and powers its U.S. Earth Day was created in 1970 by Senator Gaylor Nelson to draw attention to ongoing issues with toxic air and waste. Earth Day was created in 1970 by Senator Gaylor Nelson to draw attention to ongoing issues with toxic air and waste.
On February 12, environmental groups announced the US EnvironmentalProtection Agency formally objected to an air quality permit for the US Steel Edgar Thomson Plant issued by the Allegheny County Health Department in August 2023 saying it was not in compliance with the CleanAirAct.
On May 4, the Department of EnvironmentalProtection announced it will receive public comments and host a May 17 in-person public hearing regarding a plan approval application for Reasonably Available Control Technology (RACT III) requirements for Covanta Delaware Valley, LP, a waste to energy facility in the City of Chester, Delaware County.
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