Legal Planet

MARCH 28, 2025

Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the Clean Air Act, the Clean Water Act, and more? One possibility is that NEPA serves as a back-stop for other environmental laws, filling in gaps they do not cover.

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Legal Planet

JUNE 28, 2024

For example, there’s a current challenge to EPA’s waiver under the Clean Air Act for the Air Resources Board’s Advanced Clean Trucks regulations (ACT), which require that zero-emission trucks represent an increasing proportion of in-state heavy-duty truck sales. (A

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MGKF Law

FEBRUARY 26, 2025

In Conservation Law Foundation, Inc. Academy Express, LLC , the Conservation Law Foundation brought a private right of action under the Clean Air Act, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut.

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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.

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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%

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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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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.

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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.

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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.”

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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.

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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.

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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

OCTOBER 18, 2022

The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. In virtually all other nations, enforcement of water pollution control and other environmental laws is the sole responsibility of government regulators. (credit: Amazon).

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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.

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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.

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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.

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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. 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.

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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? .

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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.

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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.

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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.

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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.

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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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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.

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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. .

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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.

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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.

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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.

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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.

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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.”.

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PA Environment Daily

NOVEMBER 25, 2024

require a petition to meet three criteria in DEP’s initial review-- -- Petition must be complete; -- Petition requests an action that can be taken by the EQB [within its statutory authority]; and -- The action does not conflict with federal law. DEP’s determination means the petition has met these three criteria, at this stage.

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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.

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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.

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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.

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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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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.

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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.

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