Legal Planet

APRIL 19, 2023

Wells Environmental Law Clinic and the Leadership Counsel for Justice and Accountability have released a new report, Concentrated Overburden , that explores the connection between California’s history of racialized land use practices and environmental injustice throughout the state. The Frank G. Research conducted by students in the Frank G.

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Law and Environment

JULY 1, 2022

The decision focuses on EPA’s authority under a specific section of the Clean Air Act. 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? .

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Union of Concerned Scientists

OCTOBER 6, 2022

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?

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Clean Air Act 2019 Environmental Protection 2020 251

Union of Concerned Scientists

SEPTEMBER 22, 2023

MCAP, in partnership with the Southern Environmental Law Center (SELC), petitioned the county health department to use its emergency powers to limit emissions from the facility. We also estimated that EtO emissions contributed to more than 80 percent of the cancer risk attributable to toxic air pollution around the facility.

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Law and Environment

AUGUST 27, 2021

The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. 7413(b), expressly provides for injunctive relief to redress violations of the Act.”.

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Union of Concerned Scientists

SEPTEMBER 30, 2024

However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act), as a result, EPA programs are often implemented narrowly, not holistically.

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Air Pollution Toxic Substances Control Act Environmental Protection Ozone 216

Environment Next

FEBRUARY 1, 2022

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—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.

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PA Environment Daily

NOVEMBER 17, 2022

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 Clean Air Act, United States Attorney Cindy K. McDaniel and Martin Harrell are prosecuting this case on behalf of the government. Chung announced today.

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Legal Planet

JANUARY 10, 2023

It was only once that shift was made that we could begin to think of contaminated rivers, smog, and clearcutting as part of the same body of law. 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.

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Legal Planet

JUNE 27, 2024

It then disapproved plans that had been submitted by state governments much earlier and issued its own plan covering sources in 23 upwind states. By law, that suit had to be brought in the D.C. The Court’s Ruling Justice Gorsuch, a fierce skeptic of government regulation, wrote the opinion for the Court.

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Law and Environment

NOVEMBER 1, 2021

On the other hand, government regulation is about making hard choices – and the structure of the Clean Air Act leaves us without a mechanism to make those hard choices. first appeared on Law and the Environment. Otherwise, the phrase “adequate margin of safety” would have little meaning.

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Legal Planet

JUNE 30, 2022

CT , the Supreme Court said this: We hold that the Clean Air Act 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. Connecticut , 564 U. 410 (2011). Post, at 20.

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Union of Concerned Scientists

DECEMBER 20, 2022

This rule was a clear opportunity to exercise the Agency’s authority under the Clean Air Act 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.

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Clean Air Act Electricity Fossil Fuels 2030 190

Law Columbia

APRIL 18, 2023

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.

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Conservation Natural Gas Fossil Fuels Government 122

PA Environment Daily

JANUARY 26, 2024

On January 26, PennEnvironment and Clean Air Council announced they will file in U.S. District Court on Monday a proposed consent decree in settlement of their federal Clean Air Act lawsuit against United States Steel Corporation. The agreement mandates that U.S. Most of the penalty money ($4.5

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Air Pollution Clean Air Act Pollution Control 2018 112

The Energy Law

JULY 23, 2013

According to GenOn, EPA’s action offended the cooperative federalism structure of the Clean Air Act 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.

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Legal Planet

JULY 12, 2023

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.” This is not supposed to be a town hall or a popularity contest,” he said.

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The Energy Law

DECEMBER 20, 2023

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.” s claims were still grounded in that supplanted common law.

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Union of Concerned Scientists

MARCH 1, 2023

While the agency has failed to update the rule as required under the Clean Air Act, 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? Here’s how.

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PA Environment Daily

MARCH 13, 2024

The Department of Environmental Protection 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

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Regulations Law Natural Gas Clean Air Act 87

Legal Planet

AUGUST 22, 2023

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.

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Union of Concerned Scientists

MARCH 25, 2024

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.

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Clean Energy Waste Greenhouse Clean Air Act 204

Law Columbia

JULY 2, 2024

laws governing methane removal via atmospheric oxidation enhancement (AOE). It then discusses relevant international law and U.S. law, including relevant international agreements, rules of customary international law, U.S. federal environmental law, and a brief discussion of U.S. state and local law.

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Atmosphere Carbon Dioxide Law Government 80

Law Columbia

MARCH 8, 2023

The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Tracking IRA Implementation The IRA Tracker will monitor how federal agencies are implementing the law. The post New Inflation Reduction Act Tracker Launched by the Sabin Center and EDF appeared first on Climate Law Blog.

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Law Columbia

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. More recently, states and municipalities have asserted claims under consumer protection laws.). which affirmed the dismissal of state-law public nuisance, private nuisance, and trespass claims. Chevron Corp.

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Fossil Fuels Climate Change Clean Air Act Law 85

Union of Concerned Scientists

AUGUST 21, 2024

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.

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Law Columbia

MARCH 29, 2024

Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime. Preemption of a state law arises under the Supremacy Clause in the Constitution.

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PA Environment Daily

MAY 21, 2024

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. of Bordentown v. F.E.R.C. ,

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Natural Gas Clean Air Act Clean Water Act Environmental Protection 87

MGKF Law

JULY 6, 2021

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.

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PA Environment Daily

JULY 27, 2021

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 Clean Air Act.

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Law Columbia

FEBRUARY 10, 2020

Turner , forthcoming in the Environmental Law Reporter in April 2020, defines LTZs as bounded, geographic areas in which reductions in vehicular traffic are achieved or attempted through legal and policy approaches and surveys the U.S. law questions that arise in connection with the creation of LTZs. Clean Air Act, the U.S.

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Clean Air Act Law Government Technology 52

The Energy Law

JUNE 2, 2020

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. 1331 because the cities’ claims were “necessarily governed by federal common law.” In the City of Oakland et al. BP PLC et al.,

Climate Change 52

Climate Change Fossil Fuels Clean Air Act Law 52

Environment, Law, and History

OCTOBER 18, 2022

An excerpt: The CWA as enacted a half-century ago was enormously ambitious and, with the benefit of hindsight, quite naive: in the law’s legislative findings, Congress declared that “it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985.” That obviously did not, and will not, happen.

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Clean Water Act Pollution Control Clean Air Act Ocean 52

Law Columbia

OCTOBER 25, 2017

Lorenzen , an attorney at Crowell & Moring LLP who has led the coalition of petitioners challenging the Clean Power Plan before the D.C. Circuit and Supreme Court; and. * Gerald Torres , a professor at Cornell Law School whose recent work has focused on interactions between social movements, litigation, and legislative change.

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Fossil Fuels Climate Change Clean Air Act Sea Level 52

Law Columbia

MAY 12, 2023

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Second are cases that allege the fossil fuel company activities violate state consumer protection laws. On April 24, the U.S.

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The Energy Law

FEBRUARY 22, 2016

Petitioners include thirty States, State agencies, and local government entities and more than one hundred private companies, cooperatives, and industry trade groups. The Clean Power Plan would affect every electricity user in the United States, from the largest manufacturing plant to the smallest home. The lawsuit, West Virginia v.

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Clean Air Act Carbon Dioxide 2016 Pollution Control 40

Clean Energy Law

NOVEMBER 25, 2019

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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