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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%
These developments set the stage for the blossoming of federal environmental law with the passages of NEPA, the CleanAirAct, the Clean Water Act, and other major legislation in the decade that followed." Wolfe, Los Angeles County AirPollutionControl District vehicle, Burbank, 1947-1950?
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. One critical tool for forcing that reckoning comes from the Environmental Protection Agency (EPA).
District Court on Monday a proposed consent decree in settlement of their federal CleanAirAct lawsuit against United States Steel Corporation. Steel will pay a $5 million penalty -- by far the largest in a CleanAirAct citizen enforcement suit in Pennsylvania history, and one of the three largest ever nationally.
CT , the Supreme Court said this: We hold that the CleanAirAct and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2011, in AEP v. Connecticut , 564 U. 410 (2011). Post, at 20. Download as PDF.
In the recent ruling, the Third Circuit held that it was reasonable for EPA to interpret Section 126(b) to be an “independent mechanism for enforcing interstate pollutioncontrol,” thereby giving EPA authority to directly regulate a specific source in an upwind state. See GenOn REMA, LLC v. 12-1022, slip op. at 29 (3d Cir. 7426(c)).
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 CleanAir Council and the Environmental Integrity Project asked DEP to temporarily halt operations of the Shell Polymers Monaca plant in Beaver County until the company can demonstrate it can operate in compliance with pollutioncontrollaws.
On January 20, 2021, the Ohio EPA’s Division of AirPollutionControl (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities.
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.
Many of these cases asserted nuisance and other tort law claims. More recently, states and municipalities have asserted claims under consumer protection laws.). which affirmed the dismissal of state-law public nuisance, private nuisance, and trespass claims. Chevron Corp.
Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime. Preemption of a state law arises under the Supremacy Clause in the Constitution.
An excerpt: The CWA as enacted a half-century ago was enormously ambitious and, with the benefit of hindsight, quite naive: in the law’s legislative findings, Congress declared that “it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985.” That obviously did not, and will not, happen.
Arguments in the “core legal issues” brief include: The CleanAirAct does not authorize EPA to make such sweeping changes to how electricity is generated and transmitted in the United States. The Clean Power Plan usurps authority given to States by the U.S. Constitution and the CleanAirAct.
million penalty and make extensive improvements at its steel production facility in Braddock, Pennsylvania, as part of a settlement covering longstanding airpollution violations. Settlements like this serve notice to companies that they must follow the law to keep workers and neighbors healthy and safe.”
One such person was Ralph Abele, who always had a passion for the outdoors, but did not truly make his mark until 1969, when he left his steady job as a food broker in Pittsburgh to become executive secretary of Pennsylvania’s Joint Legislative Air and Water PollutionControl and Conservation Committee.
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.
This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a CleanAirAct rulemaking. For example, EPA projected a total of just 4,700 MW of coal capacity retirements under the 2012 Mercury and Air Toxics Standards rule.
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. The CleanAirAct (CAA) regulates smog, setting National Ambient Air Quality Standards (NAAQS) for ozone and PM. By Dr. Albert Monroe . Under the NO.
Is EPA’s new climate rule a sneaky effort to eliminate coal or a valid pollution standard? Some new arguments made by EPA convince me that it’s pursuing a time-tested approach to pollutioncontrol. Simply put, the Inflation Reduction Act has made CCS an economically feasible technology.
XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged CleanAirAct and Pennsylvania AirPollutionControlAct violations involving their oil and gas production operations in Pennsylvania. In separate agreements, XTO Energy Inc. Attorney Eric G.
Under the CleanAirAct (“CAA”), EPA sets National Ambient Air Quality Standards (“NAAQS”) but states determine the specific control strategies that the individual state will use to achieve NAAQS. State of Texas v. Environmental Protection Agency , No. 10-60614 (5 th Cir. 7410(a)(1).
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.
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 airpollution 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
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 airpollution 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
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 airpollution 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
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 airpollution 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
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 airpollution 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
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 airpollution 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
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 airpollution 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
In 1963, a typical car—which ran on leaded gasoline without pollutioncontrol devices— emitted 520 pounds of hydrocarbons, 1,700 pounds of carbon monoxide, and 90 pounds of nitrogen oxide every 10,000 miles traveled. Will the law help transit agencies deal with their looming budget crises?
CleanAirAct appropriating $2.25 An additional appropriation of $750 million is made for the same set of activities in ports located in nonattainment areas, as designated under Section 107 of the CleanAirAct. States, Indian tribes, and airpollutioncontrol agencies are also eligible for funding.
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. The obvious quality control standard will be consistency with permitting processes and air quality standards.
Environmental Protection Agency's ability to reduce carbon pollution from existing power plants under the federal CleanAirAct. EPA does have authority to regulate carbon dioxide as a pollutant under the federal CleanAirAct and the Court’s ruling did not address that existing authority.
The initial standard, set in the 1970 CleanAirAct, was 3.1 That means that any increase in fuel efficiency automatically helps a company meet the pollution standards as well. Theoretically, a car could have no pollutioncontrol at all but get such phenomenal mileage that it met the pollution standard.
State AirPollutionControl Board. Select Steel created something called the rebuttable presumption defense; because emissions do not exceed the national ambient air quality standards (NAAQS), the emissions will not have an adverse impact on communities. Vermont Journal of Environmental Law. Francis Prayer Ctr.
James, a faith-based grassroots organization fighting to reduce pollution in the community, and lawyers at Earthjustice, a national nonprofit environmental law organization, and other community groups led the years long battle. billion complex in St. USA: Formosa Plastics Corp., Texas, and Formosa Plastics Corp.,
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 pollutioncontrol and other environmental laws is the sole responsibility of government regulators. (credit: Amazon).
Methane Emissions EPA announced it would reconsider regulations for the oil and gas industry under Section 111 of the CleanAirAct and Subpart W of the Greenhouse Gas Reporting Program. Pennsylvania has independent authority to adopt its own methane limits under state law, if it so chooses. Read more here.
Texas Commission on Environmental Quality , the Texas Supreme Court clarified the statutory definition of Best Available Control Technology(BACT) under the Texas CleanAirAct in response to a certified question from the Fifth Circuit. Third, it was unusual for the case to have gone to the Fifth Circuit.
That bill, introduced in 2001 and passed the next year, told the California Air Resources Board to create such standards using ARB’s special powers under the CleanAirAct to develop more strict airpollutioncontrols for cars than the federal government (explained here ). Tom Carper and Rep.
EPA held the Obama administration’s Clean Power Plan Rule exceeded EPA’s authority under the CleanAirAct. Section 111 of the CleanAirAct authorizes EPA to address airpollution from both new and existing sources if the pollutant endangers public health or welfare.
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 court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.
Obviously they couldn’t just be underpaid public servants doing their best to implement the law.) Crippling airpollutioncontrol. Given its passion for fossil fuels, it shouldn’t be a surprise that Project 2025 takes a dim view of pollutioncontrol. 402-404] #5.
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