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Or suppose BLM is deciding whether to approve a private project on its land that will produce a lot of air pollution. The emissions may require a permit from EPA as a major source, but EPA has authority over the facility’s pollutioncontrol system rather than whether it should be built. It chose not to do so. Argument 3.
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%
This is why the Bipartisan Infrastructure Law’s historic investments provided a long overdue federal commitment to improving and protecting water quality (and why current threats to it and the agencies like EPA administering funds are so misguided). Upgrading infrastructure is expensive!
On Friday, October 7th, the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a major, day-long conference to commemorate the 50th anniversary of the federal Clean Water Act. Davis School of Law. The event will assess the progress the U.S. Hall, the U.C. It is free to attendees.
Credit: ABA for Law Students. In 1921, however, the Pennsylvania Legislature passed a law–the Kohler Act–prohibiting the mining of underground coal in a manner that would cause subsidence of the property leading to damage or destruction of a surface dwelling. One hundred years ago this month, the U.S.
A: A few laws explicitly require cost-benefit analysis or at least something along those lines. Those laws are a minority. There are a few laws that actually prohibit agencies from considering costs, but agencies do cost-benefit analysis when implementing those laws for informational purposes.
These developments set the stage for the blossoming of federal environmental law with the passages of NEPA, the Clean Air Act, the Clean Water Act, and other major legislation in the decade that followed." Wolfe, Los Angeles County Air PollutionControl District vehicle, Burbank, 1947-1950?
Neuman said it is undisputed that in 2013 the Mariner East pipeline was an interstate pipeline that provided no service in Pennsylvania and was regulated by the Federal Energy Regulatory Authority as common carriers under federal law with no eminent domain authority. Read more here.
Ameren Missouri submitted to the Court a proposal to shut Rush Island early rather than install expensive pollutioncontrol equipment. . The post DOJ Gets Off Its Moral High Horse: Ameren Missouri Will Close Early first appeared on Law and the Environment. None of this was really news.
Ongoing Battle to Keep Toxic Chemicals at Bay Outdated federal water laws and chemicals that were approved for industry without assessing for risk leave Ann Arbor and other communities struggling to ward off water contaminants before they foul drinking supplies. It’s frustrating,” he said.
The Minnesota PollutionControl Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032.
According to Inside EPA (subscription required), the Department of Justice (and the Sierra Club) have opposed Ameren’s Missouri’s motion to allow it to close its Rush Island generating facility early, rather than install otherwise required pollutioncontrol equipment. Like Tevye in A Fiddler on the Roof, I’ll tell you. . I don’t know.
The Boston Air PollutionControl Commission has formally adopted its “Building Emissions Reduction and Disclosure Ordinance Phase 1 Regulations.” The Phase 1 regulations are really all about the “disclosure” side of BERDO.
The Air PollutionControl Commission will later hold a “formal” public comment period at a time TBD. The post BERDO Implementation Picks Up Speed — Better Get Ready first appeared on Law and the Environment. The “informal” public comment period on the draft regulations will remain open until January 14.
The Air PollutionControl Commission has authority to suspend some or all of the requirements of BERDO 2.0 The post Boston Regulates Building GHG Emissions: The Next Few Years Will Be Very Interesting first appeared on Law and the Environment. Use of Renewable Energy Certificates as a compliance mechanism.
Specifically, while the Court did not ultimately rule out all possible interventions beyond direct pollutioncontrols at individual sources, it did make clear that direct pollutioncontrols were the clearest course, meaning that moving forward, EPA is likely to devise BSER based on things that can be applied “at or to” a polluting facility.
This historic announcement shows that we will not sit by while illegal air pollution rains down on nearby communities and the Pennsylvanians who live in them." The settlement also includes approximately $37 million worth of pollutioncontrol and plant reliability upgrades to prevent future breakdowns of essential pollutioncontrol systems.
BP agreed to pay a $40 million penalty and spend almost $200 million on environmental controls to settle government allegations that the company released excessive toxic chemicals at its Whiting, Indiana, oil refinery on Lake Michigan.
Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point. Prior to this new law, the state was required by law to ensure that statewide greenhouse gas emissions be reduced to at least 40% below the 1990 level by 2030. Climate Change Mitigation.
According to the RFC, the main purpose of The post Registration Opens for July Webinars on Minnesota’s PFAS in Products Law; MPCA Publishes Summary of Comments on CUUs appeared first on Bergeson & Campbell, P.C.
The total civil penalty assessments include $350,000 for air quality violations, which is the maximum civil penalty assessment allowable under the Pennsylvania Air PollutionControl Act, and $764,000 pursuant to Pennsylvania’s oil and gas and solid waste laws.
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. Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act.
On January 20, 2021, the Ohio EPA’s Division of Air PollutionControl (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities.
As directed by a state law enacted in 2021, as HB 1286, the Colorado Health Department’s Air PollutionControl Division developed the newly finalized standards. While several cities and local jurisdictions have similar enactments, Maryland has the only other statewide GHG emission reduction law.
As a matter of law, the Court also held the County improperly relied on the existing facilities exemption for the project. or if the public agency failed to give the notice required by law.” Existing Facilities Exemption Did Not Apply As A Matter of Law. Factual/Procedural Background. Applying the holding of Tomlinson v.
Read the full story in the National Law Review. The state of Minnesota is seeking comment on rulemaking to implement one of the country’s two broadest per- and polyfluoroalkyl substances (PFAS) in product laws.
On February 28, ECOS also issued this statement on the reported 65% cut to the US Environmental Protection Agencys budget-- States carry out more than 90% of the nations federal environmental laws in communities around the U.S.,
Many of the notices offer the opportunity for public comments. -- DEP published notice in the February 8 PA Bulletin it has scheduled a March 11 hearing on a proposed Air Quality Plan Approval permit covering new air pollutioncontrol equipment to be installed at the Harmon Creek Natural Gas Processing Plant in Smith Township, Washington County. (
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. See, e.g. , Rice v.
If you live in Minnesota, you can help make sure the Minnesota PollutionControl Agency (MPCA) writes a comment letter supporting adequate protection in the EPA’s upcoming update to its rules covering emissions of ethylene oxide at commercial sterilizer facilities. You can contact your legislator to support this important new law.
The Clean Air 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.
In challenging the air quality permit extension last August, the environmental groups objected on the grounds that BCREP had not commenced construction at the Wyalusing facility as required by law, making DEP’s extension unjustified. O’Neill, PennFuture Senior Attorney.
The agency’s External Civil Rights Compliance Office will investigate both the Louisiana Department of Environmental Quality’s handling of its air pollutioncontrol program and whether the Louisiana … Continue reading EPA launches civil rights inquiry into Louisiana agencies.
Responsible for implementing the authorities of the PA Conservation District Law of May 15,1945, Paul credits the vision and foresight of the individuals responsible for the enactment of this statue and with enabling and guiding him throughout his soil and water conservation career. In 1969 Ralph W.
DEP said it has the statutory authority in the 1995 law that created the agency, the state Air PollutionControl Act and other laws to establish grant and funding programs to implement the Plan. PA Utility Law Project Webinar On Impacts Of LNG Gas Exports On Energy Costs For Pennsylvania Families. Noon to 1:00 p.m.
Another 50th anniversary: Legal Planet reports that the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a conference to commemorate the 50th anniversary of the federal Clean Water Act on Friday, October 7th. Davis School of Law. The free, in-person conference will be held at the U.C.
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.
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.
The Ohio EPA spars with federal agencies over pollutioncontrol in Lake Erie. New laws make it easier for communities to access state financing for water infrastructure — Michigan Radio. A Michigan agency announces a new program to monitor mercury contamination. Fresh from the Great Lakes News Collaborative.
The Minnesota PollutionControl Authority, or MPCA, has announced that the Circular Action Alliance (CAA), a 501(c)(3) nonprofit, producer-led organization, has been selected as Minnesotas initial PRO, or producer responsibility organization. Read the full story at Recycling Today.
Deforestation, air and water pollution, and lack of sanitation systems have led to public health problems and resource scarcity. However, by internalizing the role of environmental law and grassroots efforts, there is a hope of success for Haiti’s continued reconstruction and long-term development. _. By Marie Hollister.
Rare earth metals are not only used in automobile pollutioncontrol devices (and not just in the U.S. because the gasoline engine does not run fulltime so the metals in the pollutioncontrol device last longer, but also because it is easy to separate from the vehicle. Gold is about $1,900), a 20% increase since January.
That theme continues throughout, from the Prevention of Significant Deterioration program , which helps protect attainment areas from pollution caused by new sources, to ongoing monitoring requirements for attainment areas. Thus, the CAA sets a floor for regulation of air pollution, not a ceiling.
On September 14, the Clean Air Council appealed an effort by Pennsylvania to resurrect a defunct air pollutioncontrol permit that would allow construction of a large gas-fired power plant proposed for Robinson Township.
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