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

Law Columbia

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.

Law 70
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Federal Courts Need to Allow the EPA to Clear the Air

Vermont Law

The EPA’s cap-and-trade program to control smog in the Central and Eastern United States is lawful and wise, and the Supreme Court should overturn the D.C. Circuit struck down the Cross-State Air Pollution Rule (CSAPR), which was the EPA’s latest attempt to regulate smog in the Central and Eastern United States.

Ozone 40
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EQB Meets June 14 On Revised Final Regulation Reducing Methane Emissions From Just Unconventional (Shale Gas) Wells, Facilities; Working On Conventional Reg.

PA Environment Daily

An objection to that regulation was raised by the Republicans on the House Environmental Resources and Energy Committee questioning whether the regulation met the requirements of a 2016 law (Act 52) requiring separate regulations for conventional oil and gas operations. Read more here.

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EQB Adopts Part I Of Final Regulation Reducing Oil & Gas VOC/Methane Emissions; DEP Documents 80% Of Methane Emissions Come From Conventional Oil & Gas Facilities

PA Environment Daily

An objection to that regulation was raised by the Republicans on the House Environmental Resources and Energy Committee questioning whether the regulation met the requirements of a 2016 law (Act 52) requiring separate regulations for conventional oil and gas operations. Read more here. The Preamble to the revised rulemaking says “.

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IRRC Unanimously Approves Part I Of Final Reg. Reducing VOC/Methane Emissions From Unconventional Shale Gas Facilities; DEP Moves To Avoid Federal Highway Funding Sanctions

PA Environment Daily

the Department will develop a separate rulemaking for the RACT requirements for sources of VOC emissions installed at conventional well sites” since the regulations covering oil and gas facilities are being promulgated to attain both the federal 2008 and 2015 ozone standard. The Preamble to the revised rulemaking says “. Read more here.