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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? In many cases, our existing environmentallaws do a poor job of addressing cumulative impacts.
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. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
If signed, the state would have to withdraw CleanAirAct waiver requests already in process with the EnvironmentalProtection Agency. There is no excuse to enact laws that will take us backward.
The case concerns the scope of the United States EnvironmentalProtection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the CleanAirAct (CAA). EPA , a case that is currently before the United States Supreme Court.
Late last month, the EnvironmentalProtection Agency (EPA) asked the public to provide oral comments on a major rule that will determine how much soot pollution you are exposed to. But the oral comments also included several speakers representing the industries producing a substantial amount of this deadly air pollution.
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.
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. These documents describe how the EPA understands their legal authorities to assess and address cumulative impacts and environmental justice. It’s important to look at the bigger picture.
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.
EnvironmentalProtection Agency et al. EPA decision is also harmful in a broader sense because it goes to the heart of federal agencies’ abilities to interpret existing laws based on the best available science, and to then set robust standards accordingly. The Supreme Court’s decision in the case known as West Virginia et al.
This is a major federal law that governs if a chemical will be regulated, limited, or even banned. With any of these rules, a well-funded litigant could find a friendly judge who thinks the underlying laws are too “ambiguous” to allow these rules to stand.
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.
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?
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).
Read the full story at the National Law 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.
In 1966, vehicles were responsible for nearly 60 percent of the 146 million tons of pollutants discharged into the air across the United States. EN: Back in 2021, Congress passed the Bipartisan Infrastructure Law , which included the largest federal investment in public transit in history of $109 billion over 5 years.
This would ensure that manufacturers are only compliant with the least protective regulation in any given year, including a provision that would actually allow manufacturers to simply buy their way out of compliance with the CleanAirAct, something that is explicitly disallowed under current law.
The Department of EnvironmentalProtection posted a notice on its website announcing conventional oil and gas well operators will not be eligible for new methane reduction well plugging grants if they are not in compliance with state law and regulations. “To
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)).
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.
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. labor laws). [15]
It is one thing for Congress to pass a law. It is entirely different thing for a federal agency to make a rule (in other words, regulations) in accordance with that law. For context, Safer Communities by Chemical Accident Prevention is a rule related to the RMP and issued by the EPA, in accordance with the CleanAirAct.
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. F.E.R.C. , 2018)) Sen.
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.
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.
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.
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.
The past few month has seen a series of important environmentallaw decisions from various courts across the United States. The post From Supreme Court to State Courts, Important Enviro Rulings from June 2021 appeared first on National Agricultural Law Center.
The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Department of Agriculture (USDA), Department of Energy (DOE), Department of the Interior (DOI), EnvironmentalProtection Agency (EPA), and National Oceanic and Atmospheric Administration (NOAA)—to implement the IRA.
Several offices of global law firm Greenberg Traurig, LLP are celebrating Earth Month and Earth Day through participation in events around the world. EnvironmentalProtection Agency (EPA)’s Green Power Partnership Program and powers its U.S. Greenberg Traurig is a member of the U.S. offices with 100% renewable energy.
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.
What is EnvironmentalLaw? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmentallaw” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework.
Envt’l Protection Agency, No. The post Scope of EPA Authority Before the Supreme Court appeared first on National Agricultural Law Center. The United States Supreme Court recently heard arguments in West Virginia v. 20-1530 (2022), a lawsuit.
Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the EnvironmentalProtection Agency (EPA)’s GHG emissions reporting regime. Part Two considered the future of the climate disclosure rule in the context of the SEC’s rulemaking process.
The post EPA Delays Rescinding Gasoline Volatility Waivers Until 2025 appeared first on National Agricultural Law Center. In 2023, approximately forty percent of corn produced in the United States (“U.S.”) was used for ethanol production. The top three.
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).
The very least this international corporation can do is to follow the law and not make Pennsylvania taxpayers breathe in their illegal pollution,” said Sarah Kula, attorney for the Environmental Integrity Project. Joseph Minott, Executive Director of the CleanAir Council, said: “Shell’s persistent law-breaking must end.
Earlier this month, the Commonwealth Court of Pennsylvania concluded that the Pennsylvania Environmental Hearing Board (EHB) erred in its dismissal of the petitioners’ appeal of the approval of a compressor station plan by the Pennsylvania Department of EnvironmentalProtection (PADEP) for lack of subject matter jurisdiction.
The United States District Court for the Western District of Louisiana, Lake Charles Division, on August 22, 2024 issued an injunction barring the United States EnvironmentalProtection Agency (EPA) and the United States Department of Justice (DOJ) from enforcing regulations based on Title VI of the Civil Rights Act, 42 U.S.C.
Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. EnvironmentalProtection Agency highlighted the issue of Congressional authorization for administrative action on climate change.
July 18, 2024), the Pennsylvania Supreme Court reversed the denial of three nonprofit organizations’ application to intervene in the litigation challenging the Pennsylvania Department of EnvironmentalProtection (PADEP) regulation implementing Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (the RGGI Regulation).
EnvironmentalProtection 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). In a rulemaking closely watched by the transloading industry, the U.S. 40 CFR Part 68.
On November 15, 2022, Erie Coke Corporation, along with the plant superintendent, was indicted by a federal grand jury in Erie on among other charges, violation of the CleanAirAct. Such hazardous air pollutants were released directly into the air to avoid the plant’s environmental monitoring system.
Thus, air emissions that violate relevant CleanAirAct permits are nevertheless “subject to” that permit and therefore exempt from CERCLA’s reporting requirement. Read More » Tags: Air , CERCLA , Chevron Deference , CleanAirAct , Emissions , Pennsylvania , Permits , Superfund , Third Circuit.
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