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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.
CleanAirAct. It is significant because if its huge public health benefits and because it has provided the basis for EPA regulation of greenhouse gases. In public health terms, what makes air pollution distinctive is the millions of people exposes to common pollutants such as particulates and smog. Pavley Act.
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.
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. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct. ” Justice Kagan, dissenting.
EPA regulation of greenhouse gas emissions under the CleanAirAct (CAA) A. Administrative law questions, including the major questions doctrine. Standing based on climate impacts C. Social Cost of Carbon D. Co-benefits E. Climate science F. Climate justice II.
The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the CleanAirAct as a type of air pollutant. Among other things, the CleanAirAct gives federal protection to wetlands.
The Clean Power Plan was based on section 111(d) of the CleanAirAct. There’s been a lot of discussion among academics and advocates about instead using section 115 of the CleanAirAct as a basis for carbon regulations. Here are the options going forward for regulating existing power plants.
To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. Agricultural operations are almost uniquely unregulated.
President Nixon signs the CleanAirAct of 1970 Richard Revesz recently posted a piece on climate change regulation, " Bostock and the End of the Climate Change Double Standard" , forthcoming in the Columbia Journal of Environmental Law.
The Inflation Reduction Act of 2022 amended the CleanAirAct to create the Greenhouse Gas Reduction Fund, a new program which will deploy $27 billion in competitive grants to mobilize financing for clean energy and climate projects that reduce or avoid greenhouse gas emissions, especially in disadvantaged communities.
Under the CleanAirAct, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions.
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?
Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. The other article about nuclear power also observed in passing that “coal combustion may disrupt global weather patterns by increasing the amount of carbon dioxide in the atmosphere, creating a ‘greenhouse effect.’”.
Hydrofluorocarbons (HFCs) were developed to replace a type of chemical that impacted the ozone layer in our upper atmosphere, but these replacements are potent greenhouse gases. Phasedown of hydrofluorocarbons There are several rules that inform and facilitate the phasedown of hydrofluorocarbons.
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.
EPA has now formally restored its waiver under § 209(b) of the CleanAirAct that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA.
CleanAirAct. But the facility’s legacy of smog pollution continued long after … Continue reading How the CleanAirAct lets closed coal plants keep polluting for years
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.
Furthermore, the Environmental Protection Agency (EPA) provided a strong and clear affirmation of the appropriateness of Treasury’s proposed approach in light of EPA’s long-standing interpretation and implementation of the referenced lifecycle greenhouse gas emissions definition.
By Stephen Wiegand On December 15, 2009, EPA published in the Federal Register its final endangerment findings with respect to greenhouse gases. In its findings published on December 15, EPA concluded that six greenhouse gases taken in combination may reasonably be anticipated to endanger public health and public welfare. See 74 Fed.
Foremost among these is a legal memo from EPA regarding Treasury’s interpretation and implementation of “lifecycle greenhouse-gas emissions” in 45V. Though seemingly obscure, this memo is fundamental to justifying Treasury’s proposed three-pillars approach.
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.
Shapiro released the consensus recommendations by the Climate and Energy Work Group of organized labor, energy industry, consumer and environmental stakeholders to discuss Pennsylvania’s energy future, including the Regional Greenhouse Gas Initiative. NewsClip: -- AP: Gov.
EPA , the Supreme Court limited the authority of the United States Environmental Protection Agency (EPA) to reduce greenhouse gases by setting emission guidelines for existing power plants, characterizing the energy generation shifting strategy proposed in the Clean Power Plan (CPP) as an overreach of the agency’s power.
Environmental Protection Agency to limit greenhouse gas emissions from power plants under the CleanAirAct. Supreme Court released its decision on West Virginia V. EPA, a crucial case concerning the authority of the U.S.
By Stephen Wiegand EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the CleanAirAct’s Prevention of Significant Deterioration (PSD) Program. In Massachusetts v. EPA, 549 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. Here’s why it’s disingenuous.
July 18, 2024), the Pennsylvania Supreme Court reversed the denial of three nonprofit organizations’ application to intervene in the litigation challenging the Pennsylvania Department of Environmental Protection (PADEP) regulation implementing Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (the RGGI Regulation).
EPA ) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints. This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v.
Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.
These summaries highlight where EPA is required to, for example, establish new grant or loan programs, implement protections and safeguards under the CleanAirAct such as the Methane Emissions Reduction Program, provide technical assistance, or take other steps to implement the IRA.
For context, Safer Communities by Chemical Accident Prevention is a rule related to the RMP and issued by the EPA, in accordance with the CleanAirAct. Studies show that chemical pollutants can shift the acidity, salinity, and biodiversity of entire ecosystems—directly impacting greenhouse gas emissions.
But this also raises other questions: 1) Can we expect the season to continue to lengthen as global warming from increasing concentration of globally well mixed greenhouse gas (GWM-GHG) continues to warm the Atlantic SSTs? and European CleanAirActs and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al.
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.”
On May 8, the PJM Interconnection issued a statement on the US Environmental Protection Agency's final rule setting New Source Performance Standards for Greenhouse Gas Emissions and its potential impact on electric grid reliability.
2024), the Montana Supreme Court affirmed a trial court decision striking down state law provisions that barred state agencies from considering greenhouse gas (“GHG”) emissions in permitting decisions, finding the law violates the environmental rights guaranteed by the Montana Constitution. State of Montana , 2024 MT 312 (Mont.
Summary: Last week the Supreme Court handed down its second CleanAirAct case of the term, Utility Air Regulatory Group v. The case involved a challenge to EPA’s attempt to regulate greenhouse gases in the Prevention of Significant Deterioration (PSD) program of the CleanAirAct.
” The article discusses upcoming environmental litigation in 2022, with Shenkman commenting on a potentially “blockbuster” case regarding the EPA’s authority to regulate greenhouse gas emissions under the CleanAirAct. » Read the full article (subscription required).
The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulating greenhouse gas (GHG) emissions from power plants. hinged on a fundamental misconstruction of Section 7411(d) of the CleanAirAct.” The Court held that, while 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.
On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the CleanAirAct (“CAA”).
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.
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.
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