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NEPA as an environmental back-stop

Legal Planet

Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the Clean Air Act, the Clean Water Act, and more? The first post is here. What does NEPA do that these other statutes are not already doing?

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air. But here’s the thing: CARB itself has the authority to regulate greenhouse gas emissions from dairies.

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How the Supreme Court’s Chevron Decision Benefits Big Oil and Gas

Union of Concerned Scientists

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. Successful court cases could limit the scope of future regulations. Worse, agencies may decide not to even try.

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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Investment and incentives for clean technologies under the Inflation Reduction Act. Nuclear power regulation D. FERC pipeline regulation (natural gas and hydrogen). Standing based on climate impacts C.

Law 246
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EPA’s Proposed Truck Rule Delays Justice for Freight-Impacted Communities

Union of Concerned Scientists

And as EPA moves forward with its own proposal to finally strengthen truck pollution regulations, industry has been waging an all-out war on those, too. This fight by industry to delay, obstruct, and otherwise thwart stronger regulation has devastating consequences. The result of that is the erosion described above.

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Guidance Is Still Not the Same as Regulation

Law and Environment

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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EPA: Clean Air Act Presidential Exemption Request Information; Send Requests To: airaction@epa.gov

PA Environment Daily

On March 24, the US Environmental Protection Agency posted information on how industries regulated under a variety of federal Clean Air Act programs could obtain Presidential Exemptions from those requirements. Please: Use Presidential Exemption: [Name of Regulation]: [Facility(ies) Name] as the subject of the request.