Legal Planet

OCTOBER 11, 2023

The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. California has one of the most antiquated and outdated water rights systems of any Western state.

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Law Conservation Politics 2023 309

Legal Planet

FEBRUARY 20, 2024

While federal regulators consider changes to their pipeline regulations, the California Legislature should act to keep Californians safe. Since carbon dioxide is not always captured at the same site where it is utilized or sequestered, CCUS will require the transportation of large quantities of carbon dioxide across the state.

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Carbon Dioxide Fossil Fuels Regulations Atmosphere 162

Legal Planet

MARCH 25, 2024

The Court held that both provisions were incompatible with state law, which gives CalGEM (the agency tasked with permitting oil and gas operations at the state level) discretion to approve “methods and practices” of oil and gas exploration and extraction on a case-by-case basis. ” (Emphasis added). ” (Emphasis added).

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Fossil Fuels Regulations Government Law 226

The Energy Law Blog

APRIL 6, 2017

The court granted the motions on two of these grounds, finding that the issues raised by Sierra Club are best addressed at the state administrative level. In a nutshell, this doctrine allows for dismissal where the exercise of federal jurisdiction would interfere with the proceedings or orders of state administrative agencies.

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Regulations Waste 2017 Law 52

Legal Planet

DECEMBER 11, 2023

And SB 261, which grew out of efforts by our Legal Planet colleagues up at UC Berkeley, requires companies with over $500 million of total annual revenue doing business in the state to disclose climate-related financial risks they face as well as measures they will take to reduce or adapt to that risk.

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Law Clean Energy Fossil Fuels 2030 280

Legal Planet

NOVEMBER 9, 2023

Rather than have many overlapping sets of lines from competing electricity companies running though the same neighborhoods, states grant monopolies to utilities to operate in particular areas. Energy Information Administration Investor-owned utilities are regulated to prevent them from taking advantage of their monopoly to gouge ratepayers.

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Electricity 2002 Climate Change Regulations 276

Clean Energy Law

FEBRUARY 5, 2024

EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. States can streamline this process by assuming permitting authority, known as primacy, if they meet or surpass EPA’s standards.

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Legal Planet

APRIL 3, 2023

Administrative law questions, including the major questions doctrine. EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Nuclear power regulation D. FERC pipeline regulation (natural gas and hydrogen). State climate and energy policy A. California authority to regulate new vehicles D.

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Law Endangered Species Act Clean Air Act Biofuels 236

Union of Concerned Scientists

JANUARY 26, 2024

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

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Regulations Clean Air Act Sea Level Politics 130

Circle of Blue

OCTOBER 4, 2022

Fresh is a biweekly newsletter from Circle of Blue that unpacks the biggest international, state, and local policy news stories facing the Great Lakes region today. Michigan ’s attorney general sues a company for leaving behind hazardous substances in the state. Indiana regulates the underground storage of carbon dioxide.

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Carbon Dioxide Politics 2022 Climate Change 246

Legal Planet

OCTOBER 10, 2023

What happened in the middle of the Bush Administration to halt growth? The decline probably wasn’t due to environmental regulation. Regulation may have made a difference, since coal requires more extensive pollution controls than competing fuels. electricity to about one-fifth today. Probably the most obvious cause was fracking.

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2012 2008 Clean Air Act Renewable Energy 269

Legal Planet

AUGUST 5, 2021

Some states have restructured their power sectors by forcing utilities to sell off generators and buy power in wholesale markets. In much of the country, those wholesale transactions are under the control of regional transmission organizations established by federal power regulators, but that’s not true everywhere.

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Fossil Fuels Regulations Clean Energy Renewable Energy 299

Union of Concerned Scientists

JANUARY 10, 2024

Our study, which examined net-zero legislation and litigation in Brazil, China, Germany, and the United States, will become even more pertinent as nations grapple with implementing their commitments under the Paris Agreement from 2015 and the more recent consensus reached in Dubai.

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Paris Agreement Law Fossil Fuels Climate Change 210

Union of Concerned Scientists

JANUARY 18, 2024

In late December, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations for the Section 45V Clean Hydrogen Production Tax Credit. Finding careful resolution to these issues will be a key point of focus over the comment period for these regulations, which is set to run through February 26 th , 2024.

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Fossil Fuels Clean Energy 2028 Carbon Emissions 181

Circle of Blue

FEBRUARY 15, 2023

Though the heavy metal is toxic, federal and state drinking water standards say nothing about how much can safely enter public water supplies, and Ann Arbor’s water treatment plant, like most, was not set up to deal with it. “We said Steglitz, the city’s public services area administrator. Since the discovery, Ann Arbor has spent $1.5

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Toxic Substances Control Act Clean Water Act Regulations Pollution Control 278

Circle of Blue

SEPTEMBER 27, 2021

The EPA Administrator discusses farm issues with state agricultural regulators. EPA Administrator Michael Regan told state agricultural regulators that the agency will soon appoint an agriculture adviser, Capital Press reports. The Department of State and U.S. The Rundown. EPA and Agriculture.

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Nuclear Power Clean Water Act 2004 Regulations 147

PA Environment Daily

FEBRUARY 22, 2024

On February 22, the Public Utility Commission approved a Final Form Rulemaking Order strengthening state public utility safety standards related to the pipeline transport of hazardous liquids in intrastate commerce. The Final Rulemaking Order will be published in the Pennsylvania Bulletin, after which the regulation will become effective.

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Regulations Natural Gas 2011 Law 119

Union of Concerned Scientists

MAY 2, 2023

McEachin, who passed away last November, was a lifelong advocate for social and environmental justice in my home state of Virginia. Robert Bullard, “environmental justice embraces the principle that all people and communities have a right to equal protection and equal enforcement of environmental laws and regulations.”

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Law and Environment

MAY 3, 2022

Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or injunctive relief. It discourages agencies from resolving these matters through their administrative authority.

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Clean Water Act Law Regulations 130

Union of Concerned Scientists

JUNE 27, 2023

Agency officials told us that EtO is one of the most dangerous chemicals the agency regulates. to meet with EPA officials about its proposed regulations , which the agency released in May. To be sure, it is not easy to regulate EtO, which is exceedingly difficult to contain. The United States must follow suit.

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Clean Energy Law

DECEMBER 21, 2023

By Joshua Bledsoe , Nick Cox , and Jennifer Garlock On December 14, 2023, a US federal judge rejected claims that federal law preempts the South Coast Air Quality Management District’s (SCAQMD or the District) adoption of Rule 2305 (Rule), upholding the first-in-the-nation Rule [1] that regulates trucking emissions from warehouses.

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Clean Air Act Regulations Law 2023 130

Law and Environment

NOVEMBER 7, 2023

The article reported on the gnashing of teeth among the regulated community at the prospect of seeing a significant number of sites reopened. As a card-carrying member of the regulated community, I am prone to teeth-gnashing as well. And it’s part of the explanation for growing opposition to the modern administrative state.

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Regulations Conservation Law 130

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. And that’s not how the administrative process is supposed to work. The role of the BART guidelines is a curious one.

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Regulations Clean Air Act Technology Technology 130

Circle of Blue

JUNE 7, 2023

On May 31 the National Administration of State Sanitary Works (OSE) announced that, without significant rainfall, the city of Montevideo would run out of water by June 22. Waive fees, regulate bottled water. The capital city of 1.4 million residents has plunged into uncertainty, triggering demonstrations.

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Climate Change Regulations 2023 Government 279

Legal Planet

JUNE 30, 2022

I want to focus on the disingenuous way the Supreme Court deals with a previous ruling, and its implications for states. Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act. Regulating power plant emissions is a complex undertaking. In 2011, in AEP v.

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Carbon Dioxide 2011 Air Pollution Clean Air Act 130

PA Environment Daily

MARCH 6, 2024

DEP took higher level enforcement actions against 15 other conventional operators for violations, including issuing Field Orders, Administrative Orders and Compliance Orders and obtaining Court Orders, for spills, illegal disposal of waste, creating a health and safety hazards by venting gas and erosion and sedimentation BMP failures.

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2023 2021 2020 Natural Gas 122

PA Environment Daily

APRIL 9, 2024

The leak created a visible plume of gas that led DEP to recommend, and the Federal Aviation Administration to issue, a temporary flight restriction over the area during much of the incident. DEP continues to collaborate with federal and state regulators on their respective investigations and areas of oversight.

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Natural Gas Carbon Dioxide Pollution Control Air Pollution 98

PA Environment Daily

FEBRUARY 28, 2024

The Clean Air Council , Delaware Riverkeeper Network , and Mountain Watershed Association announced new regulations and guidance covering the construction of natural gas and related hazardous liquids pipelines will take effect in Pennsylvania. The DEP and PUC rulemaking is long overdue, and these new regulations must be strictly enforced.”

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Natural Gas Regulations Technology Technology 84

PA Environment Daily

MARCH 20, 2024

The Alliance will create opportunities for our outdoor recreation businesses to collaborate with one another, develop a one-stop shop for questions related to permits, regulations, and help Pennsylvania small businesses compete in the national outdoor recreation economy.

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Natural Resources Conservation 2024 Regulations 104

PA Environment Daily

MARCH 29, 2024

Their mission is to work towards a state that is free of trash, debris, and litter, where communities, public spaces, and waterways are safe, healthy, and support economic viability. She also was the former Secretary of the Maryland Department of Environment where she developed substantial initiatives on climate change and the Chesapeake Bay.

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Clean Water Act 2008 Climate Change 2014 107

The Energy Law Blog

FEBRUARY 21, 2024

On December 20, 2023, the Louisiana Department of Environmental Quality (“LDEQ”) issued regulations implementing the state’s first-ever voluntary environmental self-audit program. The regulations also provide for other miscellaneous provisions, such as those relating to confidentiality of documents and prescription of violations.

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Regulations Law Natural Resources 2023 101

Greenbuilding Law

JANUARY 30, 2024

On Monday, January 29, 2024, the Maryland legislature’s Joint Committee on Administrative, Executive, and Legislative Review (AELR) put a “hold” on the proposed regulations to create the Maryland Building Energy Performance Standards (BEPS) as required by the Climate Solutions Now Act of 2022.

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Regulations 2024 Greenhouse 2022 52

CEQA Developments

JANUARY 10, 2023

As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit. and its implementing Safer Consumer Products regulations (Cal. in the context of exhaustion of administrative remedies.

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2018 2019 Law Regulations 80

Law Columbia

SEPTEMBER 11, 2023

The EU presents the NDC as one Party ( Regulation (EU) 2018/842 ). Under Annex 1 of the EU Regulation, by 2030, Spain must have reduced its GHG emissions by 37.7% This target is an overarching EU target and not a target set for each Member State (i.e., compared to 2005. The Case Filing of Greenpeace v.

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Paris Agreement 2030 Climate Change Regulations 135

PA Environment Daily

JANUARY 5, 2024

PA Bulletin, page 64 ) -- The PA Emergency Management Agency published notice in the January 6 PA Bulletin it is now accepting applications for the State Disaster Recovery Assistance from homeowners and renters when other federal, state, local, nongovernmental or private aid is not available to assist victims of disasters.

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Environmental Protection Recycling Regulations 2024 96

PA Environment Daily

JUNE 6, 2023

District Court for the Middle District of Pennsylvania denied an emergency motion by Transcontinental Gas Pipe Line Company, LLC to enjoin the Pennsylvania Environmental Hearing Board from hearing an appeal of state permits issued to the company’s Regional Energy Access Expansion Natural Gas Pipeline Project.

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Natural Gas Clean Water Act 2023 Government 102

PA Environment Daily

NOVEMBER 29, 2023

Environmental Protection Agency announced it has awarded Pennsylvania $386,932,000 to support clean water efforts and to better deliver safe drinking water across the state. This BIL funding will supplement the $46,320,000 in FY 2023 funding appropriated to Pennsylvania’s Clean Water and Drinking Water State Revolving Funds (SRFs). 

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Environmental Protection 2023 Law Regulations 79