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NEPA in the Supreme Court (Part II)

Legal Planet

The argument is that the Board shouldn’t have to consider that because EPA has authority to regulate air pollution, not the Board. Section 102(2)(C) requires the agency preparing an impact statement to obtain comments from any other agency that “has jurisdiction by law… with respect to any environmental impact involved.”

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Sen. Bartolotta, Sen. Yaw Announce Bill To Withhold Gas Drilling Impact Fees To Municipalities That Set More Protective Standards On Natural Gas Development Than State Law, And While There Is a Legal Challenge To Local Restrictions

PA Environment Daily

Gene Yaw (R-Lycoming) announced plans to introduce legislation to prohibit municipalities from receiving Act 13 drilling impact fees if they set more protective standards on the development of natural gas than required in state or federal law and while a challenge to local restrictions is being litigated. Read more here. Read more here.

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Environmental Quality Board To Consider Proposed Spill Notification Regulation; Blasting; NOx & VOC Corrections

PA Environment Daily

The Environmental Quality Board is scheduled to meet on November 12 to consider a proposed regulation on notification of spills, corrections to Air Quality regulations on RACT requirements for nitrogen oxide and volatile organic compounds and final-omitted regulations on noncoal mine blasting.

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Massachusetts’ Freedom to Move Act Can Get Transportation on Track

Union of Concerned Scientists

Through subsequent regulation adopted in 2015, the state took the lead in the country by requiring metropolitan planning organizations and MassDOT to evaluate the emissions impacts of transportation projects, which you can now see in state transportation plans. Fast forward to 2021. But progress in transportation was on shaky ground.

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Shell Falcon Pipeline LP Pleads No Contest To Criminal Charges For Violating The State Clean Streams Law In Allegheny, Beaver, Washington Counties; Will Pay $300,000 In Penalties

PA Environment Daily

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. Decrease To 31.2%

Law
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Supreme Court Clarifies Scope of NEPA Review

National Law Center

Additionally, the Supreme Court found that when considering whether an agency’s NEPA report complies with the law, reviewing courts should grant “substantial deference” to the agency. National Environmental Policy Act NEPA was signed into law on January 1, 1970. More information on that is available here. Infrastructure Coal.

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Baker Hughes: PA Natural Gas Drilling Rig Count Down To 12, Lowest In More Than 17 Years; Community Support Drops; Big Hole In DEP Budget

PA Environment Daily

In August of 2020 when the last permit fee increase was put in place, DEP estimated it would need the revenue from 2,000 unconventional shale gas permits a year to adequately support the regulatory program for both conventional and unconventional oil and gas drilling. In 2023, DEP received just over 663 shale gas permit applications.