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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Clean Air Act Regulations Climate Change Air Pollution 304

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.

Regulations 352

Regulations Fossil Fuels Environmental Protection Clean Air Act 352

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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Law Nitrogen Oxides Natural Gas Air Pollution 120

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. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.

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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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Clean Air Act Endangered Species Act Regulations Air Pollution 246

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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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). EPA , a case that is currently before the United States Supreme Court.

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Law and Environment

AUGUST 18, 2023

In rejecting Montana’s SIP, EPA repeatedly pointed to Montana’s failure to comply with EPA’s guidelines for determining Best Available Retrofit Technology, even though the guidelines were not enforceable regulations. Congress required in the Clean Air Act that EPA develop guidelines for determining BART.

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Regulations Clean Air Act Technology Technology 130

Union of Concerned Scientists

JULY 9, 2024

When facilities emit less pollution, their regulations require less specific record-keeping and monitoring. How stringently facilities are monitored should be based on science and on the impacts on the people who live nearby—not by a judge’s ideological viewpoint on regulation.

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Toxic Substances Control Act Air Pollution Regulations Clean Air Act 298

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. Download as PDF.

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Carbon Emissions Clean Air Act Electricity 2030 246

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.

Regulations 130

Regulations Ozone Air Pollution Clean Air Act 130

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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Air Pollution Clean Air Act Regulations 2024 272

Legal Planet

JULY 2, 2024

If a regulation was upheld in the Chevron era, that decision remains valid statutory precedent. ” 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. Is this an exceptional situation?

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Clean Air Act Clean Water Act Carbon Emissions Environmental Protection 246

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.

Clean Air Act 52

Clean Air Act Climate Change Greenhouse Regulations 52

Union of Concerned Scientists

OCTOBER 6, 2022

EPA proposed changes to its MON rule in 2019, regulating toxic emissions for about 200 chemical plants that produce solvents, plastics, and pesticides across the country. 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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Clean Air Act 2019 Environmental Protection 2020 255

Law and Environment

JULY 1, 2022

EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the Clean Air Act. What did the Court decide?

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Clean Energy Climate Change Clean Air Act Greenhouse 130

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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Clean Air Act Fossil Fuels Carbon Emissions Clean Energy 200

Union of Concerned Scientists

APRIL 1, 2025

With all of the attacks on regulatory safeguards coming from the regulators themselves , you may have missed a new bill coming from Congress that would not only codify the mayhem of the current administration but neuter any future administrations attempt to protect consumers and the environment from the auto industry.

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Union of Concerned Scientists

SEPTEMBER 30, 2024

It was a big step towards providing adequate health protections, but Environmental regulations need to look at people, not just pollutants—and the way to get there is by assessing cumulative impacts. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.

Air Pollution 220

Air Pollution Toxic Substances Control Act Environmental Protection Ozone 220

Union of Concerned Scientists

JULY 3, 2022

Instead, the Court has ruled that, though the agency can still regulate carbon emissions, it must do so narrowly and set standards solely based on options available at individual power plant facilities, such as efficiency measures to improve plant-level heat rates.

Climate Change 257

Climate Change Fossil Fuels Carbon Emissions Nitrogen Oxides 257

PA Environment Daily

JULY 27, 2021

A new NRDC report describes these risks and how weak regulations fail to appropriately protect workers and communities. Despite the clear health risks, there are no dedicated federal regulations to ensure comprehensive and safer management of radioactive oil and gas materials. What does this mean for workers and communities?

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Waste Regulations 2011 Radiation 104

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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Clean Air Act Clean Water Act 2017 2030 130

Union of Concerned Scientists

DECEMBER 20, 2022

One particularly notable adjustment reflects a direct request from truck manufacturers, who ( as noted previously ) have been intensely engaged in a battle to weaken the rule as part of an ongoing war against pollution regulations that undermines the lip service the companies give on climate. Image source: CARB ).

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Clean Air Act Electricity Fossil Fuels 2030 192

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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Air Pollution Clean Air Act Clean Water Act Law 130

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.

Clean Air Act 52

Clean Air Act Sea Level Greenhouse Carbon Emissions 52

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.

Clean Air Act 52

Clean Air Act Environmental Protection Air Pollution 2015 52

Legal Planet

JUNE 27, 2024

Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. A Supreme Court case called EME Homer upheld EPA’s general approach to regulating interstate air pollution. By law, that suit had to be brought in the D.C.

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Air Pollution Regulations Ozone Government 195

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.

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Clean Air Act Regulations Law 2023 130

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

Regulations 87

Regulations Law Natural Gas Clean Air Act 87

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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Clean Air Act Air Pollution Environmental Protection 2022 40

Union of Concerned Scientists

MAY 12, 2023

It is one thing for Congress to pass a law. It is entirely different thing for a federal agency to make a rule (in other words, regulations) in accordance with that law. For context, Safer Communities by Chemical Accident Prevention is a rule related to the RMP and issued by the EPA, in accordance with the Clean Air Act.

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Regulations Clean Air Act Law Environmental Protection 173

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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Clean Air Act Climate Change Government Law 130

Legal Planet

JUNE 30, 2022

CT , the Supreme Court said this: We hold that the Clean Air Act 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. Regulating power plant emissions is a complex undertaking. at 528–529. Now, in West Virginia v.

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Carbon Dioxide 2011 Air Pollution Clean Air Act 130

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.” This is not supposed to be a town hall or a popularity contest,” he said.

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Law and Environment

NOVEMBER 1, 2021

On the other hand, government regulation is about making hard choices – and the structure of the Clean Air Act leaves us without a mechanism to make those hard choices. I remain one of the few who believe in stringent regulation and the use of cost-benefit analysis in getting there.

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Ozone Clean Air Act 2020 2015 100

Union of Concerned Scientists

MARCH 1, 2023

While the agency has failed to update the rule as required under the Clean Air Act, 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. But much more is needed. What can be done?

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2016 Regulations Clean Air Act Ozone 212

Law and Environment

DECEMBER 20, 2021

The authors go on to note that more stringent regulation would provide additional benefits in economic savings and reduced mortality. . The Clean Air Act requires that NAAQS be set to protect the public health “with an adequate margin of safety”. first appeared on Law and the Environment.

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