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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.
Aviation is a significant and growing source of greenhouse gas emissions. But the federal government in the United States has failed to address it so far.
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). Read the brief here.
And so just by hearing it , members of the Supreme Court seemed to tip their hand, signaling a majority actively on the hunt for a chance to slash away at the government’s ability to advance vital environmental and public health safeguards. Unfortunately, those ominous signs were right on the mark. ” Justice Kagan, dissenting.
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.
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.
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.
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 does this mean for clean energy projects?
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.
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.
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.
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 bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the state constitution’s guarantee to a “clean and healthful environment.” We can’t tell,” Running reportedly answered.
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.
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. Here’s why it’s disingenuous.
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.
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.
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.
By Jillian Marullo House Bill 788, signed into law on June 14, 2013, authorizes the Texas Commission on Environmental Quality (“TCEQ”) to regulate emissions of carbon dioxide and five other greenhouse gases (“GHG”) “[t]o the extent that greenhouse gas emissions require authorization under federal law.”
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.
This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure. See, e.g. , Rice v.
A highly potent greenhouse gas, methane makes a significant contribution to climate change, but has historically received relatively little attention in climate mitigation discussions. laws governing methane removal via atmospheric oxidation enhancement (AOE). That is now beginning to change. Applicant U.S.
Those impacts—sometimes irksome, sometimes devastating—are increasingly obvious, and the causal mechanisms that connect them to the emission of greenhouse gases increasingly well understood. EPA , the decision in which the Supreme Court rejected EPA’s arguments for not treating greenhouse gas emissions as pollutants under the CleanAirAct.
The Climate Pollution Reduction Grants (CPRG) program provides $5 billion in grants to states, local governments, tribes, and territories to develop and implement ambitious plans for reducing greenhouse gas emissions and other harmful air pollution. billion for competitive implementation grants.
cities are seeking to limit the flow of vehicular traffic in designated areas as a means to reduce greenhouse gas and other emissions from cars and trucks and to help achieve their municipal climate goals. CleanAirAct, the U.S. Energy Policy & Conservation Act and the U.S. An increasing number of U.S.
Grey counsels a wide array of clients on regulatory, policy, and compliance matters related to climate change, 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.
EPA In this case, rightwing state Attorney Generals and fuel supplier are suing to block EPA’s regulations for greenhouse gases in motor vehicles, which were promulgated under the CleanAirAct. The government has a fair chance of winning these claims. On the merits, the plaintiffs have two interconnected claims.
The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. At the moment, it’s pretty messy out there.
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the CleanAirAct. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ CleanAirAct Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
billion tons of greenhouse gas emissions into our atmosphere—the equivalent of 300 coal-fired power plants—and these facilities are sited in predominantly low-income communities and communities of color. This current legislation provides an opportunity for government leaders, and all of us, to have their backs in advancing their fights.
Picture the marquee surrounded by bright flashing lights as the Environmental, Social, and Governance (“ESG”) mandates, requirements and best practices are about to take center stage. Posted on June 30, 2021 by Heidi B. Goldstein) Friedman. It is a clear opportunity for the “Es” to spend a lot more time with the “S” and the “G” folks.
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.
The ESA does not require more, and NMFS did not act arbitrarily or capriciously in concluding that the effects of global climate change on sea ice would endanger the Beringia DPS in the foreseeable future.” The plan must specifically address how EPA will consider the effects of CleanAirAct regulation on the coal industry.
Only portions of the legislation apply directly to units of local government, but taken as a whole it can be expected to help U.S. cities move toward their greenhouse gas reduction goals via a cleaner national electric grid, increased vehicle and building electrification, and new distributed renewable energy resources.
leader in cleaning up the light duty fleet quietly released its own proposal in August: the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has proposed to improve fuel economy of passenger cars and trucks steadily from 2027 through 2032 and heavy-duty pickups and vans from 2030 to 2035.
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).
EPA , which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. Of course, the EEI did so to ensure that the CleanAirAct continues to act as a shield against private tort actions over carbon emissions, but still. As everyone knows, the Supreme Court has teed up West Virginia v.
The federal government is woefully behind university researchers in calculating the current and future mortality of heat and smoke. It should be just as much an emergency for the government to tell us the toll of heat and wildfire smoke. Especially since the government itself says “most heat-related deaths are preventable.”
The initial standard, set in the 1970 CleanAirAct, was 3.1 In April of 2023, the Biden Administration proposed new standards for cars, SUVs, and light trucks that covering both greenhouse gases and conventional pollutants like NOx. grams per mile (gpm) for NOx. When fully phased in, they will set a 0.7
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. The proposal requires companies to report information related to “Scope 1” direct carbon emissions (think fuel use and greenhouse gases), “Scope 2” indirect carbon emissions (e.g.,
Environmental Protection Agency (USEPA) released a request for information (RFI) regarding Section 60103 of the Inflation Reduction Act (IRA) , also known as the IRA’s “green bank” provisions. The RFI lists six areas for more specific comments, each of which may be of interest to local governments. .
Environmental Protection Agency's ability to reduce carbon pollution from existing power plants under the federal CleanAirAct. EPA does have authority to regulate carbon dioxide as a pollutant under the federal CleanAirAct and the Court’s ruling did not address that existing authority. Read more here.
This growing network of warehouses and the freight vehicles that serve them contribute significantly to a community’s greenhouse gas emissions and exposure to harmful pollutants like nitrogen oxides, carbon monoxide and particulate matter.
Today, the Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule.
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