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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. Coalition for Responsible Regulation v. International Harvester Co. EPA (2012 ).
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. Opponents will undoubtedly argue that such state-based initiatives conflict with federal law.
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). EPA , a case that is currently before the United States Supreme Court.
Last week, the US Environmental Protection 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.
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.
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. Please: Use Presidential Exemption: [Name of Regulation]: [Facility(ies) Name] as the subject of the request.
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. Because while this decision does still recognize EPA’s authority to regulate greenhouse gas emissions, it simultaneously sharply curtails the agency’s ability to do so.
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. When facilities emit less pollution, their regulations require less specific record-keeping and monitoring.
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. Over 10,000 UCS supporters chimed in with EPA in support of granting California’s ability to enforce its truck regulations. We need you to do even better!
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.
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).
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?
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. The Clean Power Plan’s emissions limits were never operative.
A new NRDC report describes these risks and how weak regulations fail to appropriately protect workers and communities. Despite the clear health risks, there are no dedicated federal regulations to ensure comprehensive and safer management of radioactive oil and gas materials. What does this mean for workers and communities?
Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. A Supreme Court case called EME Homer upheld EPA’s general approach to regulating interstate air pollution. Circuit even had a chance to consider the merits of the challenges.
One particularly notable adjustment reflects a direct request from truck manufacturers, who ( as noted previously ) have been intensely engaged in a battle to weaken the rule as part of an ongoing war against pollution regulations that undermines the lip service the companies give on climate. Image source: CARB ).
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.
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. But much more is needed. What can be done?
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.
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.
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. In Snohomish County v.
On the other hand, governmentregulation is about making hard choices – and the structure of the CleanAirAct leaves us without a mechanism to make those hard choices. I remain one of the few who believe in stringent regulation and the use of cost-benefit analysis in getting there.
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. And, most relevant here, §7411(d) then requires regulation of existing sources within the same category.
It was a big step towards providing adequate health protections, but Environmental regulations need to look at people, not just pollutants—and the way to get there is by assessing cumulative impacts. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.
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. 7426(c)).
Department of the Treasury is hosting a public hearing on the December 2023 proposed regulationsgoverning 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 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
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.
That the state official who oversees the permitting and regulation of all major energy projects in Montana could be ignorant of the UN body that has been issuing increasingly urgent assessments about global warming and climate data for 30 years is unbelievable and distressing. Intergovernmental Panel on Climate Change.
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
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.
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.
Circuit hears three cases challenging use of federal regulations to push adoption of electric vehicles and to allow California to forge path toward zero-emission cars. This would be a huge setback, though there are reasons to think that it would only delay rather than prevent the transition to clean cars. This week, the D.C.
Because of this, regulators worked closely with impacted businesses, community advocates, and technical and policy experts (like UCS!) Other Frequently Asked Questions… What are the climate benefits from the ACF Regulation? Such meaningful and transformative efforts are not free from hiccups, however.
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. “The
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.
The California Air Resources Board (CARB) is still awaiting funding to craft the regulations needed to implement the laws, though it has indicated it will begin the process soon. However, the existence of federal regulations on the same subject as a state law does not mean that state law is necessarily preempted.
Fossil fuel company defendants want the cases heard in federal court, where they can argue that the cases should be quickly dismissed on the grounds that federal common law climate claims are displaced by the CleanAirAct.
9 Household Chemical Collection Event Sponsored By PPG & Pittsburgh Penguins; Last Of The Season [PaEN] -- Environmental Quality Board To Consider Proposed Spill Notification Regulation; Blasting; NOx & VOC Corrections Nov. 12 [PaEN] -- PA Assn. 12 [PaEN] -- PA Assn. Of Environmental Professionals Host Nov. 26 to Nov.
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. More on the history of the Clean Water Act here and here.
laws governing methane removal via atmospheric oxidation enhancement (AOE). This blog post outlines the climate impact of atmospheric methane, discusses the promise of AOE as a technique for reducing atmospheric methane, and describes the Sabin Center’s new report assessing the legal landscape governing AOE projects in the United States.
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