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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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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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. To CARB, installing digesters is a win-win.

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MGKF Law

JUNE 30, 2022

The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. ” Id. EPA , 573 U.

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The Energy Law Blog

JULY 23, 2013

Specifically, Section 126(b) provides that: Any State or political subdivision may petition the Administrator for a finding that any major source or group of stationary sources emits or would emit any air pollutant in violation of the prohibition of [the “good neighbor” provision] or this section. See GenOn REMA, LLC v. at 29 (3d Cir.

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Clean Air Act Air Pollution Pollution Control Environmental Protection 40

MGKF Law

APRIL 29, 2021

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question.

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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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Legal Planet

AUGUST 22, 2023

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.

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Legal Planet

JULY 12, 2023

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.” The admission says a lot about political will. I’m kidding, but only slightly.)

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Environment, Law, and History

JANUARY 12, 2022

A recent post by Dan Farber at Legal Planet discussed the issue of when climate awareness began to enter American law. The most notable was by an administrative law professor at Harvard, one Stephen Breyer. Third, there was so much else going on in environmental law. were in 1978 articles about nuclear energy.

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Law Columbia

OCTOBER 25, 2017

Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders. Lorenzen , an attorney at Crowell & Moring LLP who has led the coalition of petitioners challenging the Clean Power Plan before the D.C. These points are largely undisputed.

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Law Columbia

DECEMBER 5, 2019

Here are twelve ways the law can help society cope with these impacts. Permit conditions – Several statutes require permit holders to have and implement plans to prepare for extreme events – e.g., Clean Air Act; Clean Water Act; Oil Pollution Act; Resource Conservation and Recovery Act.

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Law Columbia

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F. BP P.L.C. , At the moment, it’s pretty messy out there.

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Climate Change Fossil Fuels Law Clean Air Act 52

Law Columbia

MARCH 14, 2024

Under the CERCLA approach adopted by the Climate Superfund bills, large fossil fuel producers and refiners are held strictly liable for costs arising from their products’ GHG emissions, regardless of whether they are deemed to have acted improperly. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.

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Fossil Fuels Climate Change Regulations Carbon Dioxide 60

Legal Planet

MARCH 21, 2023

The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of 2022 (IRA) represent a radical change in federal climate policy. And with divided government at the federal level, these laws may well be the last nationwide legislative actions on climate change for years.

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Law Columbia

JULY 6, 2017

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 Clean Air Act.

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Corp Watch

MARCH 8, 2024

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

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Corp Watch

JANUARY 17, 2024

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

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Corp Watch

JANUARY 2, 2024

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

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2013 2007 Fossil Fuels Government 52

Corp Watch

DECEMBER 14, 2023

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

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2013 2007 Fossil Fuels Government 52

Corp Watch

NOVEMBER 29, 2023

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

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Law and Environment

FEBRUARY 9, 2022

The most important issue in the case was whether the Clean Air “completely preempted” state law claims. I remain skeptical that the Court is as apolitical as justices of all political stripes would have us believe, but I certainly think that the 10 th Circuit got it right and I would both hope and expect SCOTUS to agree.

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Corp Watch

OCTOBER 19, 2023

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

2013 52

2013 2007 Fossil Fuels Government 52

Corp Watch

OCTOBER 16, 2023

Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 Total to pay $2.9 agreed to pay $2.9

2013 52

2013 2007 Fossil Fuels Government 52

Legal Planet

JULY 20, 2023

Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.

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Law and Environment

MAY 12, 2023

It was the at the core of the previous challenge to President Obama’s Clean Power Plan, which the Supreme Court rejected in West Virginia v. Of course, the sector largely made the shift on its own because of economics, even though the Clean Power Plan was held up in litigation and never went into effect.) For more on West Virginia v.

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Greenhouse Clean Air Act Air Pollution Natural Gas 130

Environmental Science

SEPTEMBER 7, 2018

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.

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Government Law Waste Clean Air Act 52

PA Environment Daily

FEBRUARY 22, 2022

Pennsylvania, like much of the world, is in the midst of historic social, political, and economic changes that are putting enormous stresses on our environmental resources and laws. Leading such a strong advocacy organization during this period of upheaval as Interim President & CEO is humbling and an honor.

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Conservation Clean Air Act 2017 Technology 52

Law and Environment

AUGUST 17, 2023

Nebraska , 597 U.S. ­­­ _ (2023), looks to the “history and breadth” of the agency’s statutory authority and the “economic and political significance” of the agency’s action to determine whether Congress intended to confer such authority to the agency. Occupational Safety and Health Administration , 595 U.S. __ (2022), and Biden v.

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Acoel

MAY 24, 2023

Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. 8, the Texas abortion bounty statute. Supreme Court reversed Roe v. Wade in 2022.

Law 52

Law Clean Air Act Clean Water Act Politics 52

Union of Concerned Scientists

JANUARY 26, 2024

Recommendations to improve new scientific integrity policies A process President Biden launched during his first week in office aims to ensure all agencies adopt scientific integrity policies that prohibit improper political interference in scientific research and prevent the suppression or distortion of scientific information.

Regulations 266

Regulations Clean Air Act Sea Level Politics 266

Law Columbia

NOVEMBER 1, 2016

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. The plan must specifically address how EPA will consider the effects of Clean Air Act regulation on the coal industry. and non-U.S. McCarthy , No.

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Corp Watch

NOVEMBER 23, 2023

References: In Mexico, $2 per hour workers make $40,000 SUVs A Toyota Factory Revs Up in Tijuana Toyota Warns US Workers: Build Camry for Less, or Else Toyota workers urged to reject union Toyota slapped with $180 million fine for violating Clean Air Act U.S. China fines Toyota 87.6 million yuan ($12.5

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Union of Concerned Scientists

JULY 15, 2024

Over the last 13 months, Texas and Florida have enacted laws that block localities from issuing heat protection rules for workers. Such smoke is not covered by the Clean Air Act , and there is growing evidence that it is eroding decades of gains in the nation’s air quality under the act. But the U.S.

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Legal Planet

JANUARY 30, 2023

In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. Like today, 1973 was a time of political turmoil. The first EPA Administrator took office in 1971.

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Law Clean Air Act Endangered Species Act Politics 137

Environment, Law, and History

AUGUST 27, 2023

The reason may have been the high political stakes in the car industry or the relatively easier task of setting standards for new products in a single industry using a single energy process. The initial standard, set in the 1970 Clean Air Act, was 3.1 East River and Manhattan Skyline in Heavy Smog (Chester Higgins, Jr.,

Nitrogen Oxides 52

Nitrogen Oxides Pollution Control Clean Air Act 2004 52

Union of Concerned Scientists

JANUARY 26, 2024

Recommendations to improve new scientific integrity policies A process President Biden launched during his first week in office aims to ensure all agencies adopt scientific integrity policies that prohibit improper political interference in scientific research and prevent the suppression or distortion of scientific information.

Regulations 130

Regulations Clean Air Act Sea Level Politics 130