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On Friday, EPA announced that it was reconsidering its 2020 decision to leave the National Ambient Air Quality Standards for ozone unchanged. However, EPA stated that it: will reconsider the decision to retain the ozone NAAQS in a manner that adheres to rigorous standards of scientific integrity.
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.
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.
However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the CleanAirAct, the Clean Water Act, the Safe Drinking Water Act), as a result, EPA programs are often implemented narrowly, not holistically.
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.
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 CleanAirAct constrains how EPA sets standards—but gives states wide latitude in implementation.
By law, that suit had to be brought in the D.C. About half these states went to court to challenge the disapproval of their own plans and received stays of the disapprovals from regional courts of appeals. The result is that the plan is now in effect in only 11 upwind states. The challengers filed suit to vacate the revised plan entirely.
The downwind air quality benefits are minimal. The proposed rule would provide de minimus air quality benefits in downwind areas with extremely high costs – estimated by EPA at $22 billion discounted 2016 dollars for the 2023-2042 period. enjoyed ozone reductions of 3 to 5 ppb or more. ppb by 2025. EPA estimated that: .
While the agency has failed to update the rule as required under the CleanAirAct, last year, EPA identified 23 “elevated cancer risk” commercial sterilizers and is currently working to inform communities and work with state regulators and the facilities to decrease emissions. Here’s how.
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.
What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Sponsored Content.
On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities. This post focuses on Ohio EPA’s anticipated regulatory changes to address non-attainment of the 2015 Ozone NAAQS.
In a 5-4 decision, a divided Supreme Court stayed the enforcement of the Environmental Protection Agency’s (“EPA”) Federal Implementation Plan (“FIP”) holding that the emission control measures set to be used in upwind states to improve ozone levels in downwind states was arbitrary and capricious. Ohio et al.
By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching CleanAirAct rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug.
The EPA’s cap-and-trade program to control smog in the Central and Eastern United States is lawful and wise, and the Supreme Court should overturn the D.C. Every year, about 200,000 Americans die from smog, which is a mix of ozone and fine particulates (PM. Many cities in the Northeast fail ozone and PM. By Dr. Albert Monroe .
Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). CSAPR would have required many states, including Louisiana and Texas, to reduce power plant emissions of SO 2 and NO x , particularly during the summer ozone season.
Ohio EPA has proposed rules that will require additional Volatile Organic Compound (VOC) and Nitrogen Oxide (NOx) emission controls for certain manufacturing and industrial operations located in the Cincinnati and Cleveland 2015 ozone nonattainment areas. Like VOCs, NOx is a precursor compound which can form ozone.
is a shift for this historically CleanAirAct-friendly Court. The Court has a history of groundbreaking decisions in the realm of environmental law and the lesser-publicized. EPA) is one for the CleanAirAct (CAA) record books. Vermont Journal of Environmental Law. Supreme Court in .
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the CleanAirAct.
XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged CleanAirAct and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania. In separate agreements, XTO Energy Inc. Attorney Eric G.
I named the Priority Pollutants a moment ago, which are 129 chemicals of interest under the Clean Water Act, RCRA, one of two federal laws governing hazardous wastes has several hundred “Appendix IX” groundwater monitoring compounds. I will organize my discussion by key laws. Each law has thousands of regulations.
The plan cuts power plant and industrial ozone pollution that wafts from central parts of the nation into eastern states. According to the American Lung Association, nearly 120 million people in the nation—one of every three—lives with unhealthy levels of particle and ozone pollution. A 40-year-old Supreme Court ruling (Chevron v.
Some background — As required by the CleanAirAct, North Carolina has a State Implementation Plan (SIP) for ozone pollution describing how the state will meet the federal ozone standard. ’s current ozone SIP based on vehicle emission inspections in 19 N.C.
It is a practice and a philosophy, utilizing scientific tools and methods with applied ethics, and, where necessary, regulation and environmental law to limit the use of certain materials. The first conservation laws came in then, making it illegal to fell a teak tree under a certain size. The War Between Preservation and Conservation.
and ozone concentrations as a result of the standards.”. EPA also used satellite studies of the effect of the COVID lockdown, with its traffic reduction, on local pollution, which found that the lockdown resulted in the greatest pollution reductions in areas with higher concentrations of people of color.
The letter also said, EPA “rescinds the offset sanctions which took effect on June 16, 2022 as a result of EPA’s November 16, 2020 Finding of Failure to Submit (FFS) (85 FR 72963), which found that Pennsylvania failed to submit a SIP revision addressing the 2016 Oil & Gas CTG for the 2008 ozone NAAQS.” Click Here for a copy of the letter.
The law of regulatory cost benefit analysis just became even more incoherent under a ruling of the Western District of Louisiana enjoining implementation of President Biden’s executive order setting parameters to establish the social cost of carbon for use in regulatory analysis. Posted on February 23, 2022 by Karl S. Biden reasoned that E.O
Understanding the Endangerment Finding Two requirements must be met before a substance can be regulated under the CleanAirAct. First, it has to qualify as an air pollutant. There, the Court said that EPA had to consider cost when EPA applied a law that authorized EPA to issue appropriate regulations.
When Congress passed the CleanAirAct in 1970, they determined that six so-called “ criteria air pollutants ”—particulate matter, ground-level ozone, carbon monoxide, lead, sulfur dioxide, and nitrogen dioxide—were so dangerous they required a rigorous and regularly updated process of assessment and policymaking.
The Cuyahoga fire, along with a major oil spill off the coast of Santa Barbara that same year, galvanized national attention and led to the first Earth Day, a slew of new air and water protection laws, and the creation of new federal departments to administer them, including the Environmental Protection Agency (EPA).
But the CleanAirAct has nonetheless had a major impact. Here’s what EPA has to say on the subject — and remember, this is from the Trump EPA, which is no fan of regulation: Experience with the CleanAirAct since 1970 has shown that protecting public health and building the economy can go hand in hand.
Notably, in granting the Advanced Clean Car waiver , EPA relied heavily on the fact that the program cuts traditional air pollutants, including those that cause ozone pollution, from vehicles. Californias power under the federal CleanAirAct to cut pollutants from cars and trucks is unquestionable and longstanding.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. In an unpublished judgment, the court rejected the petitioners’ other NEPA arguments regarding project design and capacity and cumulative ozone impacts. and non-U.S.
Earlier this month, the Environmental Protection Agency’s (EPA) CleanAir Scientific Advisory Committee (CASAC) released a draft set of recommendations calling on the EPA to tighten its current standard for ground-level ozone pollution to protect public health. But will the EPA follow CASAC’s recommendations?
Principal Deputy Assistant Administrator for the Office of Air and Radiation. Ozone layer protection in the United States reaches an important milestone in 2020. Environmental Protection Agency (EPA) has been helping to protect and heal the Earth’s stratospheric ozone layer by phasing out ozone-depleting substances (ODS).
The CleanAirAct generally prohibits a state from adopting its own motor vehicle emission standards. Whether the EPA violated the equal-sovereignty doctrine when it reissued California’s 2013 CleanAirAct waiver under Section 209(b)(1) of the CleanAirAct.”.
EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the CleanAirAct. While the CleanAirAct (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched. EPA , 142 S.
Methane also contributes to the formation of ground-level ozone which is itself a heat-trapping greenhouse gas and, when inhaled by humans, can trigger a variety of health problems from throat irritation and coughing to bronchitis, asthma, and reduced lung function.
Now a $314-million-a-year global organization with 1000 employees, EDF went on to influence pivotal environmental achievements, among them the formation of the Environmental Protection Agency in 1970, and then helping the agency ban DDT and close the ozone hole.
They experience truck traffic and their diesel exhaust emissions, transient workforces, air pollution, including volatile organic compounds, particulate matter, ozone, oxides of nitrogen and fugitive methane emissions. What Do Communities Experience Now, what's a community's experience? There's often large withdrawals of surface water.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. EPA of a 2015 rule barring replacement of ozone-depleting substances with hydrofluorocarbons (HFCs), which are powerful greenhouse gases. and non-U.S.
According to the nonpartisan National Association of Attorneys General, a state attorney general’s job is to represent the public interest—not private, special interests—by, among other things, “enforcing federal and state environmental laws.” The case ultimately wound up in the US Supreme Court, which, in its controversial West Virginia v.
An analysis of Army Corps of Engineers data conducted by the Southern Environmental Law Center found that 91 percent of streams and wetlands adjudicated under the Trump definition fell outside of federal regulations. The House also passed its NSF authorizing bill entitled NSF for the Future Act ( H.R. 2225 ) this past summer.
This body will review the EPA’s scientific review of current ozone pollution standards. In 2019, the Trump administration opted to keep ozone pollution standards the same. EPA – CleanAirAct Advisory Committee Meeting (Feb. The Biden administration announced this is it revisiting that decision in 2021.
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