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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 environmentalregulations and climate accountability. Successful court cases could limit the scope of future regulations.
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?
Last week, the US EnvironmentalProtection Agency (EPA) finalized updated regulations for certain facilities that emit ethylene oxide (EtO), a colorless, cancer-causing gas. For the first time, the government will regulate fugitive or “unintended” emissions and require permanent total enclosure of sterilization operations.
California has a longstanding leadership role on transportation pollution, and the CleanAirAct grants the state the right to set strong vehicle emissions standards. Over 10,000 UCS supporters chimed in with EPA in support of granting California’s ability to enforce its truck regulations. Washington.
The US EnvironmentalProtection Agency (EPA) regulates emissions of EtO, yet the agency is years behind on updating standards and control requirements, despite mounting evidence of the harm of long-term EtO exposure. A decade overdue , EPA is finalizing updated regulations for commercial sterilizers now.
EnvironmentalProtection Agency. That’s because the case, which was about the nature and scope of EPA authority in regulating carbon emissions from existing power plants, turned on a rule that does not exist. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct.
If a regulation was upheld in the Chevron era, that decision remains valid statutory precedent. As an example of a statutory delegation of authority, the Court cites a provision in the Clean Water Act, 33 U. which shall assure” various outcomes, such as the “protection of public health” and “public water supplies.”
When facilities emit less pollution, their regulations require less specific record-keeping and monitoring. How stringently facilities are monitored should be based on science and on the impacts on the people who live nearby—not by a judge’s ideological viewpoint on regulation.
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 is currently reviewing comments on the proposed rule.
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.
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 ].
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. Cumulative impact assessments look at health, environmental, and social factors (stressors and burdens) to help officials make better environmental decisions.
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).
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.
Highlights of the environmental and energy notices in the February 15 PA Bulletin -- -- The Governors Office published an updated agency-by-agency Regulatory Agenda in the February 15 PA Bulletin that lists regulations in development, an estimated schedule of consideration and opportunities for public comments. Read more here.
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.).
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.
EnvironmentalProtection Agency et al. Instead, the Court has ruled that, though the agency can still regulate carbon emissions, it must do so narrowly and set standards solely based on options available at individual power plant facilities, such as efficiency measures to improve plant-level heat rates.
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. The Supreme Court decided West Virginia v.
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.
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.
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 CleanAirActregulations.
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.
Department of the Treasury is hosting a public hearing on the December 2023 proposed regulations governing implementation of the Section 45V Credit for Production of Clean Hydrogen. The proposed regulations clearly adhere to that framework, fully comporting with a plain reading of the text.
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.
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.
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.
On November 30, the Environmental Quality Board voted 15 to 2 to approve the emergency regulation setting VOC/methane emission limits for conventional oil and gas facilities. Daryl Metcalfe (R-Butler) voted no on the regulation. Representatives for Sen. Gene Yaw (R-Lycoming) and Rep. Read more here. Read more here.
It is entirely different thing for a federal agency to make a rule (in other words, regulations) in accordance with that law. Today, rulemakings surrounding lead have evolved into full-fledged prevention programs tasked with preventing childhood lead poisoning and protecting disadvantaged communities.
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 EPA set Nov.
In the recent ruling, the Third Circuit held that it was reasonable for EPA to interpret Section 126(b) to be an “independent mechanism for enforcing interstate pollution control,” thereby giving EPA authority to directly regulate a specific source in an upwind state. See GenOn REMA, LLC v. 12-1022, slip op. at 29 (3d Cir.
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.
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 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.
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.]
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. [EHB The EHB denied the motion.
The Vermont Department of Environmental Conservation (VDEC) is currently in the process of reviewing and reauthorizing its Hazardous Waste Management Regulations. However, the proposed regulations add §7-805(g) to its section on used oil determination. Currently, oily wastewater is treated in wastewater treatment facilities.
Supreme Court restricted the EnvironmentalProtection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v. On June 30, 2022, the U.S.
EPA ) addressing the scope of the United States EnvironmentalProtection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints. Click here to read the article (begins on p.
Because of this, regulators worked closely with impacted businesses, community advocates, and technical and policy experts (like UCS!) The Clean Ports Program (CPP) funded by the IRA and provided through U.S. Other Frequently Asked Questions… What are the climate benefits from the ACF Regulation?
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.
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.
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.
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