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The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. EPA (2012 ). Sierra Club v.
In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.
Million For Drilling Violations In Greene, Clearfield Counties [January 2018] -- DEP Assesses CNX Gas Drilling $433,500 For Violations In Greene County [January 2018] -- DEP Issues Cabot Oil & Gas $99,000 Penalty For Numerous Well Site Air Quality Violations In Susquehanna County [December 2017] -- EHB Issues $1.1
By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching CleanAirAct rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug.
On August 21, 2012, in a 2-1 decision, the D.C. The CSAPR sets limits on sulfur dioxide and nitrogen oxides from power plants in 28 upwind states in the eastern part of the country. The two consolidated cases the Supreme Court agreed to hear are EPA v.
By Lesley Foxhall Pietras On October 5, 2012, EPA filed a petition for en banc rehearing of the D.C. Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State Air Pollution Rule (CSAPR).
By Lesley Foxhall Pietras On August 7, 2012, in a 2-1 decision in Summit Petroleum Corp. When making single stationary source determinations without the protection of the non-aggregation provision in Section 112 of the CleanAirAct, 42 U.S.C. See Summit Petroleum Corp. Environmental Protection Agency, No. at 15 (6th Cir.
Moreno On August 16, 2012, EPA published a new rule that revises the NESHAP Subpart HH standards for the oil and gas industry. The Final Rule wassigned on April 17, 2012, but publication in the Federal Register did not occur until August 16, 2012, making the rule effective on October 15, 2012. 16, 2012.
One of the most significant air quality challenges in the Basin is reducing emissions of the ozone precursor nitrogen oxides (NO x ) to meet the ozone standard attainment deadlines. According to the 2016 AQMP, mobile sources contributed about 88% of total NO x emissions in the Basin in 2012.
Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). By Stephen W. EPA issued CSAPR in August 2011 pursuant to Sec.
This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a CleanAirAct rulemaking. For example, EPA projected a total of just 4,700 MW of coal capacity retirements under the 2012 Mercury and Air Toxics Standards rule.
However, these standards were vacated by the United States Court of Appeals for the District of Columbia Circuit after the Court found EPA’s definition of “commercial or industrial waste” conflicted with the language of the CleanAirAct in NRDC v. EPA , 489 F. 3d 1250 (D.C. Johnson , 444 F. 2d 46 (D.D.C.
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the CleanAirAct.
Moreno On August 13, 2012, the United States Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s (“EPA”) disapproval of revisions to the Texas State Implementation Plan (“SIP”) dealing with the state’s Flexible Permits program. 13, 2012) ( quoting in part from 42 U.S.C. State of Texas v. 7410(a)(1).
In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the CleanAirAct (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.
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. The CleanAirAct (CAA) regulates smog, setting National Ambient Air Quality Standards (NAAQS) for ozone and PM. In 2012, in. By Dr. Albert Monroe .
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
Civil society believes that this decision is contrary to the spirit of this law and harmful to its implementation. million fine for violating a 2007 air pollution settlement over emissions at its Port Arthur refinery, the Justice Department said Friday. Violations at Port Arthur refinery bring $8.75 SEC Charges Total S.A.
So starting in Act 13, passed in 2012, which I know lots of people are familiar with, that was really an act of deference to the oil and gas industry. Released from a lot of federal oversight, it left this big, blank slate for states to regulate the industry in whatever manner suited them. Read more here.]
In 2012, the company became infamous again when it unsuccessfully sued Ben-Jei Tsuang, a professor at the Department of Environmental Engineering in National Chun Hsing University, who published a paper linking high cancer rates in Mailiao, Taiwan, to toxic dioxin and heavy metals air pollution from the Six Naphtha Cracking plant.
In the first decade-plus of this Century, about half of the states actively sought to reduce greenhouse gas emissions and promote clean energy alternatives to coal. By 2012, 20 to 25 states had developed state climate plans. the Departments of Interior and Energy).
Understanding the Endangerment Finding Two requirements must be met before a substance can be regulated under the CleanAirAct. First, it has to qualify as an air pollutant. Circuit in a 2012 decision, Citizens for Responsible Regulation [CARE] v. EPA reversed the Bush EPAs interpretation of the CleanAirAct.
According to the nonpartisan National Association of Attorneys General, a state attorney general’s job is to represent the public interest—not private, special interests—by, among other things, “enforcing federal and state environmental laws.” The case ultimately wound up in the US Supreme Court, which, in its controversial West Virginia v.
EPA Supreme Court ruling which held that greenhouse gas emissions are unambiguously air pollutants covered by the CleanAirAct. Attacks on the Endangerment Finding and EPAs CleanAirAct authority from industry interests are nothing new. Court of AppealsD.C.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S. climate litigation charts.
of the CleanAirAct requires the Environmental Protection Agency to address this through emissions standards for air pollution from cars and trucks. Vermont Journal of Environmental Law. Transportation accounts for. 27 percent. Section 202. Fuel Efficiency Standards Trumped? appeared first on.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.
EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the CleanAirAct. While the CleanAirAct (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched. EPA , 142 S.
Coupled with the Inflation Reduction Act and the bipartisan infrastructure law , the standards would accelerate a transition that is already underway. Meanwhile, between 2012 and 2022, installed wind and solar power more than tripled , according to American Clean Power. Last year, wind generated 10.2 percent , and the 19.8
Recognizing the environmental and public health risks posed by methane, in January 2015, the Obama administration set a goal of reducing emissions from the oil and gas industry by 40 to 45 percent below 2012 levels by 2025.
An analysis of Army Corps of Engineers data conducted by the Southern Environmental Law Center found that 91 percent of streams and wetlands adjudicated under the Trump definition fell outside of federal regulations. The House also passed its NSF authorizing bill entitled NSF for the Future Act ( H.R. 2225 ) this past summer.
The 2009 endangerment finding has played a foundational role in CleanAirAct regulation of GHG emissions from both mobile and stationary sources. EPA (2012). As the court noted, the CleanAirAct only requires a finding that the air pollution at issue may reasonably be anticipated to endanger public health or welfare.
EPA’s efforts to regulate vinyl chloride as a hazardous air pollutant under section 112 of the CleanAirAct also went on for more than a decade and was ultimately a big part of the reason why Congress overhauled that section of the statute in the 1990 amendments.
Trump has induced protracted clean transportation litigation by proposing to repeal the Obama administration fuel economy standards and revoke California’s longstanding regulatory authority, and by attacking any auto industry attempts at reaching policy consensus with California. In 2012, the. Obama administration. Central to U.S.
241 ) to reauthorize the Tropical Forest and Coral Reef Conservation Act through 2026. This law provides loan forgiveness for developing countries that meet specific benchmarks and agree to contribute to tropical forest and coral reef conservation. He signed it into law. EPA – Proposed Consent Decree, CleanAirAct Citizen Suit.
OSHA Proposed First Updates to Hazard Communication Standard Since 2012. The risk evaluation’s conclusions that consumer uses do not present an unreasonable risk could preempt state-level restrictions on 1,4-dioxane in personal care, cosmetic, and cleaning products such as restrictions enacted by New York in 2019.[[N:N.Y.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.
Try explaining that to your new Peruvian sister-in-law. 6, 2012). [7]. as a pollutant at all to the Clean Power Plan, which has no chance of clemency before its swift execution at some point in 2017. [14]. However, the Clean Power Plan is currently tied up in the D.C. 2, 2014). [8].
Clean Car Standards: In perhaps the most consequential example of a reversal in litigation posture, the administration has requested that cases challenging the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule be stayed while the SAFE Rule is reconsidered. improvement in fuel efficiency and greenhouse gas controls per year—down from 5%.
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