Law and Environment

JULY 1, 2022

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 Clean Air Act. What does this mean for clean energy projects?

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MGKF Law

AUGUST 29, 2024

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).

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Legal Planet

AUGUST 26, 2021

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

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Legal Planet

OCTOBER 26, 2023

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.

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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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Legal Planet

SEPTEMBER 6, 2022

Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The law also includes funding for offshore wind energy and electricity grid improvements, as well as incentives for electric vehicles and appliances.

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Legal Planet

SEPTEMBER 30, 2021

Today, climate change is the central, though by no means the only, concern in environmental law. Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. The most notable was by an administrative law professor at Harvard, one Stephen Breyer.

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Law and Environment

MARCH 10, 2022

EPA has now formally restored its waiver under § 209(b) of the Clean Air Act 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. Time to get to work.

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Union of Concerned Scientists

JULY 9, 2024

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. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.

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PA Environment Daily

SEPTEMBER 29, 2023

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.

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E2 Law Blog

MAY 31, 2022

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.

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SPR Law

JULY 15, 2022

Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.

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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

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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Law Columbia

JUNE 27, 2024

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.

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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. The Clean Air Act is pretty clear on the question at hand, and the data is as clear as can be—California must get its waiver ASAP.

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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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Smith Enviorment

DECEMBER 19, 2023

AIR QUALITY. The legislature put two provisions in the Appropriations Act of 2023 (House Bill 259) to prevent state agencies from adopting rules intended to reduce emissions of greenhouse gasses such as carbon dioxide (CO2) in the state. Prohibit cap and trade programs for CO2 emissions. million to $865.9

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Union of Concerned Scientists

MARCH 25, 2024

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.

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MGKF Law

JUNE 30, 2022

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.

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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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Law Columbia

JULY 2, 2024

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). It then discusses relevant international law and U.S.

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MGKF Law

AUGUST 2, 2023

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 Clean Air Act (“CAA”).

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Law Columbia

MARCH 8, 2023

The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Section 60103 creates a “Greenhouse Gas Reduction Fund” (GGRF), which the EPA Administrator can use to make grants for the deployment of zero-emission technologies, and to carry out other greenhouse gas emission reduction activities.

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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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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 standing issues are similar to those in the previous case but arguably even stronger.

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Environment, Law, and History

JANUARY 12, 2022

A recent post by Dan Farber at Legal Planet discussed the issue of when climate awareness began to enter American law. The most notable was by an administrative law professor at Harvard, one Stephen Breyer. Third, there was so much else going on in environmental law. were in 1978 articles about nuclear energy.

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Vorys Law

JANUARY 19, 2021

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 Clean Air Act.” The Court held that, while U.S.

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Union of Concerned Scientists

MAY 12, 2023

It is one thing for Congress to pass a law. It is entirely different thing for a federal agency to make a rule (in other words, regulations) in accordance with that law. For context, Safer Communities by Chemical Accident Prevention is a rule related to the RMP and issued by the EPA, in accordance with the Clean Air Act.

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Legal Planet

OCTOBER 18, 2024

Environmental Protection Agency finalized e missions standards for greenhouse gases from power plants under Clean Air Act, Section 111(d). Submitted through UCLA School of Law’s Frank G. Earlier this year, the U.S. In West Virginia v. Now, leading grid experts are weighing in. Circuit decides on the merits.”

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Law Columbia

FEBRUARY 10, 2020

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. law questions that arise in connection with the creation of LTZs. Clean Air Act, the U.S.

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Law Columbia

AUGUST 31, 2022

Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The database collects Congress’s references to climate change, along with related terms and concepts like global warming and greenhouse gases.

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The Energy Law Blog

JANUARY 6, 2010

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.

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The Energy Law Blog

SEPTEMBER 20, 2013

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.”

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Law Columbia

OCTOBER 25, 2017

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. Lorenzen , an attorney at Crowell & Moring LLP who has led the coalition of petitioners challenging the Clean Power Plan before the D.C.

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Vermont Law

JUNE 30, 2014

Summary: Last week the Supreme Court handed down its second Clean Air Act case of the term, Utility Air Regulatory Group v. Assistant Professor, Vermont Law School. A facility is subject to new source review if it has potential emissions of 100 or 250 tons per year of an air pollutant, depending on the source.

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The Energy Law Blog

APRIL 7, 2010

By Stephen Wiegand EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program. In Massachusetts v. EPA, 549 U.S.

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