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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 ).
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. Opponents will undoubtedly argue that such state-based initiatives conflict with federal law.
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.
To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. CARB can regulate dairy methane. Timestamp at 2:05:10).
The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulategreenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the CleanAirAct (CAA).
EPA regulation of greenhouse gas emissions under the CleanAirAct (CAA) A. Nuclear power regulation D. FERC pipeline regulation (natural gas and hydrogen). California authority to regulate new vehicles D. Administrative law questions, including the major questions doctrine. Co-benefits E.
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 regulategreenhouse gas emissions, it simultaneously sharply curtails the agency’s ability to do so.
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.
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. When facilities emit less pollution, their regulations require less specific record-keeping and monitoring.
Under the CleanAirAct, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. I predict that we’ll see a wave of legislation and agency regulation at the state level, sparked by federal legislation.
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.
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.
EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulategreenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the CleanAirAct. What is the case about? . What did the Court decide?
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 ).
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. Related Articles: -- U.S.
With all of the attacks on regulatory safeguards coming from the regulators themselves , you may have missed a new bill coming from Congress that would not only codify the mayhem of the current administration but neuter any future administrations attempt to protect consumers and the environment from the auto industry.
In late December, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations for the Section 45V Clean Hydrogen Production Tax Credit. The tax credit, passed as part of 2022’s Inflation Reduction Act, provides a generous incentive for the production of clean hydrogen.
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.
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.
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.” He told the plaintiffs’ lawyer that until the trial he had been unaware of the U.N.
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. The proposed regulations clearly adhere to that framework, fully comporting with a plain reading of the text.
Supreme Court restricted the Environmental Protection Agency’s ability to regulategreenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.
EPA ) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulategreenhouse gas emissions from existing fossil-fuel powered power plaints. Click here to read the article (begins on p.
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 CleanAirAct. It is one thing for Congress to pass a law.
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.
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.
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.
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
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).
The South Coast Air Basin includes portions of Los Angeles, Riverside, and San Bernardino counties and all of Orange County, covering 6,745 square miles. The SCAQMD is the local agency responsible for attaining these cleanair standards in the Basin. Facility-Based Mobile Source Measures.
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.
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.
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.
Critically, and as we’ll discuss in greater depth shortly, hydrogen combustion (as opposed to its use in fuel cells) also leads to greater emissions of nitrogen oxides (NOx), a toxic group of pollutants regulated under the CleanAirAct. All this is not to say there is no place for hydrogen in a clean energy future.
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.”
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. See, e.g. , Rice v. Santa Fe Elevator Corp. , 218 (1947)).
While that may have been the early objective of the “responsibly sourced” movement, Project Canary provided a description of how they and the concept has evolved in response to the development of more federal and state regulations that limit methane emissions from natural gas facilities. Applegate noted the U.S. So that is a concern.”
Supreme Court decision on regulating carbon pollution from power plants-- The Supreme Court decision in West Virginia vs. EPA to limit the Environmental Protection Agency’s ability to regulate carbon pollution is a significant blow to God’s children here in the United States and throughout creation. Related Articles This Week: -- U.S.
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 regulategreenhouse gases in the Prevention of Significant Deterioration (PSD) program of the CleanAirAct.
The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulatinggreenhouse gas (GHG) emissions from power plants. EPA has the authority to regulate GHG emissions, “the central operative terms of the ACE Rule. hinged on a fundamental misconstruction of Section 7411(d) 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 regulategreenhouse gas emissions under the CleanAirAct. » Read the full article (subscription required).
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.
Environmental Protection Agency issued for public input a draft white paper on control techniques and measures that could reduce greenhouse gas (GHG) emissions from new stationary combustion turbines. On April 21, the U.S. These turbines, which are currently projected to be a significant part of U.S.
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