Law Columbia

JUNE 27, 2024

Tools with which to regulate emissions from freight vehicles have eluded local governments, in large part because federal law preempts many state and local vehicle standards. While there are exceptions and limited workarounds, these three federal laws are a significant challenge for local governments to navigate.

Nitrogen Oxides 78

Nitrogen Oxides Clean Air Act Carbon Monoxide Law 78

Union of Concerned Scientists

JULY 9, 2024

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.

Toxic Substances Control Act 317

Toxic Substances Control Act Air Pollution Regulations Clean Air Act 317

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.

Air Pollution 269

Air Pollution Toxic Substances Control Act Environmental Protection Ozone 269

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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Clean Air Act Climate Change Government Law 130

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.

Air Pollution 130

Air Pollution Clean Air Act Clean Water Act Law 130

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

Regulations 111

Regulations Law Natural Gas Clean Air Act 111

The Energy Law Blog

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.

Clean Air Act 98

Clean Air Act Climate Change Law Air Pollution 98

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

Air Pollution 108

Air Pollution Clean Air Act Pollution Control 2018 108

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.

Clean Air Act 40

Clean Air Act Government Environmental Responsibility 2021 40

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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Government Clean Air Act Law Air Pollution 242

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.

Ozone 130

Ozone Clean Air Act 2020 2015 130

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.

Atmosphere 75

Atmosphere Carbon Dioxide Law Government 75

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.

Air Pollution 304

Air Pollution Clean Air Act Regulations 2024 304

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?

Clean Air Act 288

Clean Air Act 2019 Environmental Protection 2020 288

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.

Law 73

Law Regulations Pollution Control Clean Air Act 73

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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Carbon Dioxide 2011 Air Pollution Clean Air Act 130

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.

Air Pollution 195

Air Pollution Regulations Ozone Government 195

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.

Conservation 117

Conservation Natural Gas Fossil Fuels Government 117

The Energy Law Blog

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.

Clean Air Act 40

Clean Air Act Air Pollution Pollution Control Environmental Protection 40

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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Regulations Ozone Air Pollution Clean Air Act 130

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.

Clean Water Act 52

Clean Water Act Pollution Control Clean Air Act Ocean 52

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. ,

Natural Gas 114

Natural Gas Clean Air Act Clean Water Act Environmental Protection 114

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.

Clean Air Act 52

Clean Air Act Law Government Technology 52

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.

Clean Air Act 239

Clean Air Act Electricity Fossil Fuels 2030 239

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.

Clean Energy 256

Clean Energy Waste Greenhouse Clean Air Act 256

Legal Planet

SEPTEMBER 13, 2023

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 Clean Air Act. The government has a fair chance of winning these claims. On the merits, the plaintiffs have two interconnected claims.

Regulations 288

Regulations Clean Air Act Greenhouse Law 288

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.

Fossil Fuels 60

Fossil Fuels Law Government Clean Air Act 60

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.

Fossil Fuels 82

Fossil Fuels Climate Change Clean Air Act Law 82

The Energy Law Blog

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

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.

Renewable Energy 107

Renewable Energy Ocean Clean Air Act Climate Change 107

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.

2016 245

2016 Regulations Clean Air Act Ozone 245

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.

Fossil Fuels 237

Fossil Fuels Climate Change Greenhouse Clean Air Act 237

PA Environment Daily

DECEMBER 19, 2022

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 Clean Air Act. Such hazardous air pollutants were released directly into the air to avoid the plant’s environmental monitoring system.

Clean Air Act 52

Clean Air Act Environmental Protection Air Pollution 2015 52

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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Waste Regulations 2011 Radiation 105

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.

Fossil Fuels 52

Fossil Fuels Climate Change Clean Air Act Sea Level 52

Corp Watch

MARCH 8, 2024

Founded in 1924 as the Compagnie Française des Pétroles (French Petroleum Company) with the support of the French government and banks, it was renamed Total in 1985. Total was fined $398 million in 2013 for bribing government officials in Iran to win contracts. In the U.S.

2013 52

2013 2007 Fossil Fuels Government 52

Law Columbia

MARCH 14, 2024

Federal Preemption and Authority to Regulate Opponents of the Climate Superfund bills will likely argue that existing federal law like the Clean Air Act (CAA) preempts state regulation of GHG emissions. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.

Fossil Fuels 60

Fossil Fuels Climate Change Regulations Carbon Dioxide 60