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.

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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).

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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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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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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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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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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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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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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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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.

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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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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.

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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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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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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

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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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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Acoel

AUGUST 14, 2023

My presentation was titled: Environmental Disasters that Led to Environmental Laws. This presentation reminded me of how our environmental laws in this country have been enacted. As many of us know well, most major federal environmental laws were enacted on the heels of major environmental disasters. appeared first on ACOEL.

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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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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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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

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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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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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

FEBRUARY 2, 2023

Under the federal Clean Air Act, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court. Shell must be held accountable under the law and take appropriate steps to prevent illegal pollution going forward.”

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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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PA Environment Daily

JANUARY 26, 2024

On January 26, PennEnvironment and Clean Air Council announced they will file in U.S. District Court on Monday a proposed consent decree in settlement of their federal Clean Air Act lawsuit against United States Steel Corporation. The agreement mandates that U.S. Most of the penalty money ($4.5

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PA Environment Daily

MARCH 13, 2024

The Department of Environmental Protection posted a notice on its website announcing conventional oil and gas well operators will not be eligible for new methane reduction well plugging grants if they are not in compliance with state law and regulations. “To

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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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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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Clean Energy Law

DECEMBER 21, 2023

A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. labor laws). [15]

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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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Vorys Law

JUNE 28, 2024

EPA and granted the stay of a USEPA plan designed to require several States, including Ohio, to comply with the “Good Neighbor” provision of the Clean Air Act. On June 27, 2024, the Supreme Court issued a final decision in Ohio v.

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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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Law Columbia

JUNE 27, 2024

Tools with which to regulate emissions from freight vehicles have eluded local governments, in large part because federal law preempts many state and local vehicle standards. While there are exceptions and limited workarounds, these three federal laws are a significant challenge for local governments to navigate.

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The Energy Law Blog

DECEMBER 20, 2023

In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” s claims were still grounded in that supplanted common law.

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Union of Concerned Scientists

MAY 2, 2023

According to scholar and advocate Dr. Robert Bullard, “environmental justice embraces the principle that all people and communities have a right to equal protection and equal enforcement of environmental laws and regulations.”

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