Law and Environment

SEPTEMBER 20, 2023

Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. The post Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice first appeared on Law and the Environment.

Clean Air Act 130

Clean Air Act Air Pollution Law Conservation 130

PA Environment Daily

NOVEMBER 25, 2024

These penalties are in addition to a $670,000 civil penalty DEP accessed against Shell Falcon Pipeline and its contractor Minnesota Limited LLC for violations of its permit and other laws and regulations that occurred in 2019 and 2020 during pipeline construction. Read more here. Read more here. Decrease To 31.2%

Law 120

Law Nitrogen Oxides Natural Gas Air Pollution 120

Law Columbia

JANUARY 25, 2022

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 Clean Air Act (CAA).

Clean Air Act 110

Clean Air Act Government Greenhouse Fossil Fuels 110

Union of Concerned Scientists

MARCH 14, 2023

But the oral comments also included several speakers representing the industries producing a substantial amount of this deadly air pollution. Their main arguments include two disturbing tactics that come straight out of the disinformation playbook : casting doubt on the science, and pressing the EPA to violate a law passed by Congress.

Clean Air Act 246

Clean Air Act Fossil Fuels Air Pollution 2001 246

Union of Concerned Scientists

JULY 1, 2024

This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.

Regulations 359

Regulations Fossil Fuels Environmental Protection Clean Air Act 359

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.

Clean Air Act 246

Clean Air Act Endangered Species Act Regulations Air Pollution 246

Legal Planet

SEPTEMBER 27, 2024

If signed, the state would have to withdraw Clean Air Act waiver requests already in process with the Environmental Protection Agency. There is no excuse to enact laws that will take us backward. These withdrawals could potentially put those waiver decisions into the hands of a hostile federal administration in 2025.

Clean Air Act 338

Clean Air Act Electricity Clean Energy 2023 338

Legal Planet

AUGUST 7, 2023

Are the lawsuits preempted by federal law? In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

Clean Air Act 246

Clean Air Act Climate Change Sea Level Politics 246

Legal Planet

JULY 11, 2024

Thus, “the holdings of those cases that specific agency actions are lawful—in­cluding the Clean Air Act holding of Chevron itself—are still subject to statutory stare decisis [Latin for standing by past decisions] despite our change interpretive methodology.”

Clean Air Act 214

Clean Air Act Regulations Law Conservation 214

Environment, Law, and History

DECEMBER 11, 2020

President Nixon signs the Clean Air Act 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.

Clean Air Act 52

Clean Air Act Climate Change Greenhouse Regulations 52

Union of Concerned Scientists

JULY 3, 2022

EPA decision is also harmful in a broader sense because it goes to the heart of federal agencies’ abilities to interpret existing laws based on the best available science, and to then set robust standards accordingly.

Climate Change 333

Climate Change Fossil Fuels Carbon Emissions Nitrogen Oxides 333

Environment, Law, and History

JANUARY 12, 2023

He also goes on to state that "The 1960s were also Congress’s first forays into issues like air and water pollution, wilderness protection, and the endangered species. " Even allowing for methodological nationalism and the focus on the unrepresentative Supreme Court, this is all rather strange.

Law 96

Law Air Pollution Clean Air Act Clean Water Act 96

Union of Concerned Scientists

APRIL 20, 2023

Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

Clean Air Act 246

Clean Air Act Fossil Fuels Carbon Emissions Clean Energy 246

Union of Concerned Scientists

OCTOBER 6, 2022

For each of these separate governmental rulemaking processes, public comments will be accepted, and all substantive comments are required by law to be considered by the agency. EPA plans to issue a Clean Air Act rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well.

Clean Air Act 290

Clean Air Act 2019 Environmental Protection 2020 290

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.

Carbon Emissions 246

Carbon Emissions Clean Air Act Electricity 2030 246

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 279

Air Pollution Toxic Substances Control Act Environmental Protection Ozone 279

Union of Concerned Scientists

JULY 9, 2024

This is a major federal law that governs if a chemical will be regulated, limited, or even banned. With any of these rules, a well-funded litigant could find a friendly judge who thinks the underlying laws are too “ambiguous” to allow these rules to stand.

Toxic Substances Control Act 317

Toxic Substances Control Act Air Pollution Regulations Clean Air Act 317

Legal Planet

JULY 2, 2024

” This actually pretty typical language in environmental statutes,, such as section 202 of the Clean Air Act, which EPA has used to limit carbon emissions from cars. The Court summarizes that section as saying: “Whenever, in the judgment of the [Environmental Protection Agency (EPA)] Administrator.

Clean Air Act 246

Clean Air Act Clean Water Act Carbon Emissions Environmental Protection 246

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 306

Air Pollution Clean Air Act Regulations 2024 306

Legal Planet

SEPTEMBER 30, 2021

Today, climate change is the central, though by no means the only, concern in environmental law. The earliest mentions of these terms in the law review literature came in the late 1970s, and only one of the pre-1985 discussions took a comprehensive look at the problem. Third, there was so much else going on in environmental law.

Carbon Dioxide 203

Carbon Dioxide Climate Change Nuclear Power Clean Air Act 203

Law and Environment

JULY 1, 2022

The decision focuses on EPA’s authority under a specific section of the Clean Air Act. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .

Clean Energy 130

Clean Energy Climate Change Clean Air Act Greenhouse 130

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.

Clean Air Act 275

Clean Air Act Electricity Fossil Fuels 2030 275

Environment Next

FEBRUARY 1, 2022

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—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.

Clean Air Act 52

Clean Air Act Sea Level Greenhouse Carbon Emissions 52

National Law Center

AUGUST 11, 2022

The post Ag and Food Law Daily Update: August 11, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .

Law 104

Law 2022 Clean Air Act Atmosphere 104

Environmental News Bits

NOVEMBER 11, 2022

Read the full story at the National Law Review. On October 17, 2022, the United States Environmental Protection Agency issued a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of Section 231(a) of the Clean Air Act, 42 U.S.C.

Clean Air Act 40

Clean Air Act Air Pollution Environmental Protection 2022 40

Legal Planet

OCTOBER 26, 2023

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.

Regulations 312

Regulations Greenhouse Clean Air Act Politics 312

Law and Environment

NOVEMBER 30, 2022

The Clean Water Act – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The Clean Air Act – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time. They created a pathway towards cleaning our air, water, and land.

Clean Air Act 130

Clean Air Act Clean Water Act 2017 2030 130

PA Environment Daily

NOVEMBER 17, 2022

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 Clean Air Act, United States Attorney Cindy K. Chung announced today. The eight-count Indictment, returned on Nov. Attorney Chung.

Clean Air Act 52

Clean Air Act Environmental Protection Air Pollution 2015 52

Law and Environment

AUGUST 18, 2023

Congress required in the Clean Air Act that EPA develop guidelines for determining BART. The EPA’s final rule confirms that the agency treated the guidelines as binding for Wyodak and disregarded the state’s broad discretion under the Clean Air Act. The role of the BART guidelines is a curious one.

Regulations 130

Regulations Clean Air Act Technology Technology 130

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.”.

Clean Air Act 130

Clean Air Act Climate Change Law Government 130

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.

Government 264

Government Clean Air Act Law Air Pollution 264

Law and Environment

DECEMBER 17, 2021

The post Another Nail In Coal’s Coffin first appeared on Law and the Environment. As Ameren noted in its filing with the Court: . Retiring Rush Island early will have a much more beneficial environmental impact, on a far shorter timeframe, than installing wet flue gas desulfurization (“FGD”) technology and continuing operations.

Clean Air Act 130

Clean Air Act Technology Technology Climate Change 130

MGKF Law

FEBRUARY 22, 2023

That federal agencies enjoy numerous advantages in defending against legal challenges to their administrative decision-making is a fact of administrative law. Read More » Tags: Administrative Appeals , Citizen Suit , Clean Air Act , Sixth Circuit , Standing Sierra Club et al.

Clean Air Act 40

Clean Air Act 2023 Law 40

Environmental News Bits

MARCH 27, 2024

The Inherent Limitations of Citizen Suits in Remedying Environmental Injustice Under the Clean Air Act.” ” Villanova Environmental Law Journal 35(1), 153. The inherent limitations of citizen suits in remedying environmental injustice under the Clean Air Act George, Alexandra M.

Clean Air Act 40

Clean Air Act Law 2024 40

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.

Clean Air Act 130

Clean Air Act Fossil Fuels Greenhouse Conservation 130

MGKF Law

SEPTEMBER 28, 2023

On September 14, 2023, in Conservation Law Foundation v. Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found.

Clean Air Act 40

Clean Air Act Air Pollution 2023 Conservation 40

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