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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

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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Catch 22 at the Supreme Court

Legal Planet

Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act. Once EPA lists a category, the agency must establish standards of performance for emission of pollutants from new or modified sources within that category. at 528–529. 7411(b)(1)(B); see also §7411(a)(2).

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EPA, Justice Dept., DEP Announce $5.275 Million In Penalties, Plus $1.4 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc., Hilcorp Energy Company For Federal, State Clean Air Act Violations

PA Environment Daily

XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania. In separate agreements, XTO Energy Inc. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance.

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The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Law Columbia

This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure. See, e.g. , Rice v. Santa Fe Elevator Corp. , 218 (1947)).

Law 73
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Colorado Law Will Lead the Nation in Reducing GHGs from Buildings

Greenbuilding Law

Buildings are one of Colorado’s top five sources of greenhouse gas emissions. As directed by a state law enacted in 2021, as HB 1286, the Colorado Health Department’s Air Pollution Control Division developed the newly finalized standards. Newer, more efficient buildings may already meet the standards.

Law 52
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Emerging Local Legal Pathways for Building Electrification: Air Pollution and Land Use Regulation in New York City & Brookline, Massachusetts

Law Columbia

This week’s advancements offer two new models for local governments looking to require or promote building electrification: air pollution and land use regulation. 2317, which would amend the City’s building code to limit greenhouse gas emissions from new and renovated buildings to 50 kilograms of carbon dioxide per million BTUs.

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The Serious Risks Around Treatment of Biomethane in 45V

Union of Concerned Scientists

In December, the Treasury Department and the Internal Revenue Service proposed regulations governing implementation of the 45V Clean Hydrogen Production Tax Credit , passed as part of 2022’s Inflation Reduction Act. Eligibility for 45V is premised on a facility’s lifecycle greenhouse gas emissions rate. Baseline counterfactuals.