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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. International Harvester Co. Ruckelshaus (1973). In immediate terms, this D.C.
But the federal government in the United States has failed to address it so far. Aviation is a significant and growing source of greenhouse gas emissions.
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).
On March 24, the US Environmental Protection Agency posted information on how industries regulated under a variety of federal CleanAirAct programs could obtain Presidential Exemptions from those requirements.
rule is a good step, but more is needed The CleanAirAct requires the EPA to periodically review the science for six criteria air pollutants , including particulate matter, and to use this science to set a standard known as the National Ambient Air Quality Standards. EPA’s PM 2.5 American Trucking Associations.
We also found that co-located sterilization facilities, facilities in communities with higher cancer risks, and facilities that have violated the CleanAirAct are disproportionately near people of color, illustrating the vast disparities of who this pollutant impacts most. You can find our report and interactive map here.
This was a case under the Endangered Species Act. The Supreme Court interpreted the statute to place an absolute priority on preserving endangered species, regardless of the impact on the economy or other government goals. This decision made the Endangered Species Act the strongest of the environmental statutes. Michigan v.
EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct. First and foremost, despite some fossil fuel interests swinging for the fossil fuel-favored fences, the Supreme Court’s decision in West Virginia v. And here, the Court has struck a devastating blow.
The federal government is now supporting that role with federal funding for states. The Inflation Reduction Act provides another important source of state funding. A key provision (IRA § 60114) appropriates $250 million to support emission reduction planning by state governments. States have played a critical role in 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. As a person in SoCal with asthma, cleaner air is especially important. as you probably know, pollution reigns in SoCal. We need you to do even better!
EPA’s AirToxScreen uses the National Air Toxics Assessment to offer a location-based screening tool that shows long-term cancer and health risks given air emissions of hazardous chemicals over a person’s lifetime. What is our government doing to keep us safe from harm?
If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.
The decision focuses on EPA’s authority under a specific section of the CleanAirAct. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .
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.
The report provides recommendations for actions by the California Legislature to soften the impacts of past discrimination in how––and under what circumstances––local governments permit polluting land uses in overburdened communities. Wells Environmental Law Clinic set out to uncover how deep these injustices run.
The agency failed to take action, but South Memphis residents and these organizations continued undeterred, pushing government agencies and legislators, asking questions, and drawing media attention. Even more, not only was this facility emitting high levels of EtO, but it was also violating the federal CleanAirAct (CAA).
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. McDaniel and Martin Harrell are prosecuting this case on behalf of the government. Chung announced today.
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.
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. Further, the court noted that it was satisfied that EPA had thoroughly examined the relevant scientific data.
This rule was a clear opportunity to exercise the Agency’s authority under the CleanAirAct to promote the most advanced emissions reductions technology. As it readies its next step, EPA still has not granted California its waiver for the Heavy-duty Omnibus and Advanced Clean Trucks rules.
On January 26, PennEnvironment and CleanAir Council announced they will file in U.S. District Court on Monday a proposed consent decree in settlement of their federal CleanAirAct lawsuit against United States Steel Corporation. The agreement mandates that U.S. Most of the penalty money ($4.5
This has been particularly true in your home state of California, which historically has set the clean car agenda for the rest of the country because of its waiver under the CleanAirAct to set its own air pollution standards. California is ahead of other states for a number of reasons.
While the agency has failed to update the rule as required under the CleanAirAct, last year, EPA identified 23 “elevated cancer risk” commercial sterilizers and is currently working to inform communities and work with state regulators and the facilities to decrease emissions. What can be done?
On the other hand, government regulation is about making hard choices – and the structure of the CleanAirAct leaves us without a mechanism to make those hard choices. I support the reconsideration and there seems little doubt that the literal terms of the statute require a lower ozone NAAQS.
In other words, it was only then that we could in terms of “environmental law” rather than distinct bodies of rules governing a scattering of different situations. I began with a Westlaw search for the term “air pollution.” The earliest opinion I found was Huron Portland Cement Co. City of Detroit. Download as PDF.
However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the CleanAirAct, the Clean Water Act, the Safe Drinking Water Act), as a result, EPA programs are often implemented narrowly, not holistically.
It then disapproved plans that had been submitted by state governments much earlier and issued its own plan covering sources in 23 upwind states. The Court’s Ruling Justice Gorsuch, a fierce skeptic of government regulation, wrote the opinion for the Court. It shows her willingness to take EPA’s arguments seriously.
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. As Treasury moves to finalize regulations governing implementation of 45V, it must maintain a rigorous approach that is responsive to its statutory charge.
The court’s reasoning came down to an interpretation of CERCLA that the phrase “subject to” was intended to mean “governed or affected by” rather than “obedient to.” This Blog Post was authored by Brielle Brown, a summer associate. ” Id.
In 1966, vehicles were responsible for nearly 60 percent of the 146 million tons of pollutants discharged into the air across the United States. The federal government kept urban transit agencies running with COVID relief funding, and some transit agencies were able to evolve with the times. Transit agencies in Washington, D.C.,
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.
CT , the Supreme Court said this: We hold that the CleanAirAct and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2011, in AEP v. That description of the holding in AEP v. Milo Minderbinder would be very pleased.
Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. Berkeley decision does and does not say, local governments can better understand that many of them have options for electrifying new buildings. In exploring what the CRA v.
Environmental Protection 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.
Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals (1).
Most prominently, because the approach is changing from rewarding specific technologies to rewarding anything that meets the greenhouse gas (GHG) emissions threshold of “clean”—hence the “tech-neutral” label—exactly how the government goes about determining whether or not something is actually eligible will be enormously important.
In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” District of Columbia v. Exxon Mobil Corporation, et al., 22-7163 (Dec.
Declaratory relief will help restore Plaintiffs’ confidence in the functioning of their democracy and demonstrate to them that there is recourse for government conduct that violates their constitutional rights while making clear Defendants are not above the law,” they write in their proposed finding of facts and conclusions of law.
Camera Bartolotta (R-Washington) circulated a cosponsor memo announcing she plans to introduce legislation to eliminate the ability of citizens, local governments and anyone else to appeal permits issued by DEP for natural gas pipelines and related facilities to the Environmental Hearing Board. On May 16, Sen.
But with the recent influx of government incentives for hydrogen production, new and improving production and storage technologies, and greater political will than ever before, H 2 ’s reputation is gaining favor. All this is not to say there is no place for hydrogen in a clean energy future.
With so many agencies involved, it can be difficult for state and local governments, Native American tribes, community groups, non-profit organizations, and others to keep track of what is happening and to engage and participate in the development and implementation of the tax credits, grants, policies and other programs created by the IRA.
Bedrock federal environmental, health, and safety laws have gaping loopholes and exemptions that allow radioactive oil and gas materials to go virtually unregulated, including the Resource Conservation and Recovery Act that governs waste management, the Atomic Energy Act, the Clean Water Act, the Safe Drinking Water Act, and the CleanAirAct.
The federal Inflation Reduction Act (IRA) provides new authorities under Section 136 of the CleanAirAct to reduce methane emissions from the petroleum and natural gas sector through the creation of the Methane Emissions Reduction Program (MERP).
Proposed Rule 2305, recently released by the District in discussion draft form, would establish the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program — which would apply to owners and operators of warehouses located in the South Coast Air Basin (Basin) with greater than 100,000 square feet of indoor space in a single building.
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