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In our previous post, we laid out NEPA’s purposes and why analogies to tort law can misfire because that area of law has very different purposes. For instance, when oil is produced, it is very likely that it will eventually be burned and release carbondioxide, contributing to climate change.
Switching from fossil fuels like gasoline to increasingly clean electricity sources is vital for hitting climate and airpollution goals. Burning gasoline in an automobile produces carbondioxide, the primary cause of climate change. pounds of carbondioxide emissions per gallon.
One option, a tax on carbondioxide emissions, gets the most attention but seems politically impossible. The closest we’ve ever come to a carbon tax is a limited fee on methane emissions under the new IRA law. It wouldn’t require placing bets on what zero carbon technologies will win out.
The abstract: In the late 1960s, New Zealand and the United States collaborated to establish a southern hemispheric carbondioxide (CO2) monitoring station on New Zealand’s coastal cliffs. The precise nature of CO2 as an airpollutant, however, was difficult to pin down.
In February 2023, the Tokyo District Court found that the Notice of Finalization, which had been issued through a simplified permitting procedure, was lawful. Since climate change affects people globally, distinguishing plaintiffs from the rest of the population will likely remain an issue for establishing standing under administrative law.
Responsible for 12 percent of all US global warming emissions from human activities, methane traps significantly more heat per molecule than carbondioxide, making it 86 times more harmful for the first 20 years after it is released into the atmosphere. First, there’s airpollution. Its primary component is methane.
UCLA Professor of Law William Boyd. William Boyd is Professor of Law and Michael J. Klein Chair in Law at UCLA Law, with a joint appointment as Professor at the UCLA Institute of the Environment and Sustainability ; Alex Wang is Professor of Law at UCLA Law. UCLA Professor of Law Alex Wang.
Addressing methane is critically important in addressing climate change – methane is the second largest contributor to human-driven warming after carbondioxide. and international laws may apply to field research and deployment. Another key distinction between the approaches is in potential environmental impacts.
May 11, the Environmental Integrity Project and Clean Air Council filed a federal lawsuit against the Shell Petrochemical Plant for repeatedly violating permitted airpollution limits from a massive new plastics production plant in Beaver County, which opened last year. In a lawsuit filed in the U.S.
The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of airpollutant.
I applaud Governor Shapiros continued support for Community Solar and look forward to working with my colleagues on both sides of the aisle to get it signed into law. Solar panels do not emit carbondioxide, methane, nitrogen oxides, or other harmful airpollutants when theyre working.
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. at 528–529. 7411(b)(1)(B); see also §7411(a)(2). 410 (2011). Post, at 20. American Elec.
The case involves EPAs 2024 Vehicle Standards that set new airpollutant and greenhouse gas (GHG) emissions standards for model year 2027 through 2032 Light- and Medium-Duty Vehicles, which have been challenged by states and industry groups. In 2007, the Supreme Court held in Massachusetts v.
If passed, this new law would finally put an end to the millions of tonnes of coal – the world’s dirtiest and deadliest fossil fuel – that are shipped overseas from Canada’ west coast every year. Airpollutants from coal plants are linked to chronic heart and respiratory disease, and a host of acute ailments. million cars.
et al. ) This blog post explores how the citizens in Kobe, a city in west Japan, attempted to stop the construction and operation of new coal-fired power plants through administrative and civil law actions. Those rights are established through case law and frequently invoked in environmental pollution cases. Kobe Steel Ltd.,
Tailpipes from our cars, trucks and buses are also a major source of toxic local airpollution that disproportionately harms overburdened and underserved communities. An average global temperature change greater than 1.5 Reducing emissions from our vehicles is a huge part of this.
The Ministry of the Environment appealed on points of law to the Supreme Administrative Court. The strategy required the UK Government to set and meet legally binding targets to reduce carbon emissions. The ruling clarifies requirements for standing under primary EU law to challenge a Commission regulation. In Smith v.
The total civil penalty assessments include $350,000 for air quality violations, which is the maximum civil penalty assessment allowable under the Pennsylvania AirPollution Control Act, and $764,000 pursuant to Pennsylvania’s oil and gas and solid waste laws.
These pipelines run through many of our neighborhoods, exposing us and our loved ones to methane pollution. Methane, a potent greenhouse gas that is roughly 80 times more powerful than carbondioxide, fuels extreme weather across the country by trapping heat in the atmosphere. Read more here.)
Building electrification requirements – at times called “natural gas bans,” including on this blog – are subject to a complicated interplay of federal, state and local law, and many local governments have been found or determined themselves to be preempted from one or more approaches.
in civil penalties for air quality violations occurring after the May 24, 2023 consent order. b of the May 24, 2023 order [ page 25 ], Shell agreed to the assessment of civil penalties for future violations of 12-month air emission limitations occurring after April 2023 and before January 2024. However, in Paragraph 14.b Paragraph 14.b
Many of these cities have also foregrounded equity and climate justice in their carbon mitigation policies, seeking to improve everyday lived experiences for frontline residents. A new Sabin Center report, Cities Climate Law: A Legal Framework for Local Action in the U.S. ,
Building code authority : While EPCA broadly preempts many state and local energy conservation standards for appliances, the law also contains a statutory exemption to EPCA preemption for state and local building codes. Airpollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.
Air Quality Permits -- Columbia Gas Transmission - Iowa Compressor Station: DEP invites comments on an Air Quality Plan Approval covering multiple sources of airpollution at the facility located in Pine Creek Twp., Greene County. ( Westmoreland County. ( Westmoreland County. ( Washington County. ( Beaver County. (
Read more here. -- Equitrans LP - Compressor Station: DEP invites comments on an Air Quality permit covering multiple sources of airpollution at the facility located in Union Twp., LLC - Compressor Station: DEP issued a GP5 Air Quality Permit renewal for the facility located in Gaskill Twp., Washington County.
Can the new advisory opinion interpreting the United Nations Convention on the Law of the Sea (UNCLOS) move us beyond the lethargy of unmet climate change policy needs ? By accepting the COSIS request, ITLOS boldly advanced the international law of climate change to take full account of its harmful impacts on the marine environment.
The consent order and agreement included $10 million in penalties -- a $4,935,023 penalty to the DEP Clean Air Fund (25% of which was directed to the host community as required by law) and $5 million was allocated to a Beaver County Environmental Mitigation Community Fund. However, in Paragraph 14.b Paragraph 14.b
PA Bulletin, page 4044 ) Read more here. -- EQT ARO, LLC - Larry’s Creek Shale Gas Pad Compressor: DEP issued an Air Quality Permit covering multiple sources and airpollution at the facility located in Mifflin Twp., Lycoming County. ( Susquehanna County. ( Greene County. ( PA Bulletin, page 4079 ) -- UGI Energy Services, Inc.
Methane’s Warming Potential : Methane, a colorless, odorless, and highly flammable gas that occurs abundantly in nature and from a variety of anthropogenic activities, has a considerably higher global warming potential than carbondioxide. Carbondioxide emissions, on the other hand, arise almost exclusively from burning fossil fuels.
We celebrated a major victory this year when Oregon passed Senate Bill 543 , a law which will phase out foam foodware, packing peanuts and coolers and prohibit the use of PFAS (also known as “forever chemicals”) in food packaging. billion in public health benefits and reduce carbondioxide-equivalent emissions by 356,000 metric tons.
Fact: The PA Supreme Court issued a decision in 2013 declaring a similar provision in the Act 13 state law regulating oil and gas drilling unconstitutional. Read more here. Wolf announced the initiative in 2019. Read more here.
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.
California has just enacted the Voluntary Carbon Market Disclosures Act which requires the disclosure of specified information about net zero claims, carbon offsets, and more by businesses, including by an untold number of companies located beyond the Golden State’s borders. All information documenting how.
What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Useful Environmental Law Terms.
“These wells can leak methane and air toxics, contaminate groundwater and surface water, create an explosion risk for nearby structures, and significantly reduce property values. In December, DEP issued the first-ever assessment of how well conventional oil and gas operators comply with state environmental laws.
Owners of Pennsylvania coal-fired power plants, a coal industry trade group and labor unions that represent their workers filed a lawsuit April 25 to stop the DEP from enforcing new rules that will require fossil fuel power plants to pay to release carbondioxide.
Leaving large residuals would mean continued harms to health from airpollution and continued impacts from fossil fuel extraction and production. Nonetheless there is a desperate need to translate such recommendations into law and policy.
Specifically, they claimed that the cumulative environmental impact of the emissions should be examined in the EIA: The estimated annual amount of carbondioxide was to be 7.26 Additionally, the plaintiffs argued that the exclusion of CO2 from the conducted EIA also based the illegality.
The issues on appeal were limited to the adequacy of certain aspects of the project EIR’s analyses of GHGs and criteria airpollutants. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than fifty years. Tsakopoulos Investments, LLC v. County of Sacramento, et al.
They experience truck traffic and their diesel exhaust emissions, transient workforces, airpollution, including volatile organic compounds, particulate matter, ozone, oxides of nitrogen and fugitive methane emissions. Finally, this industry has fugitive emissions of methane and the burning of gas releases carbondioxide.
The Commonwealth Court then entered a preliminary injunction enjoining the RGGI regulation, holding that the regulation’s auction of emissions allowances was a tax not legislatively authorized under the Pennsylvania AirPollution Control Act. McKinstry, Jr. and John C.
PA Bulletin, page 7244 ) Air Quality Permits -- UGI Energy Services, LLC - Compressor Station/LNG Facility: DEP invites comments on the renewal of a State-Only Air Quality Permit for the facility located in Washington Twp., Bradford County. ( Lycoming County. ( Delaware County. ( Philadelphia. ( Monroe County. ( Northampton County. (
1:00 to 2:30 p.m. -- Guest Essay: Climate Change Demands Southwestern PA Transition To A New Low-Carbon Energy Reality - By Hilary Mercer , Shell Polymers/Pennsylvania Chemicals Project & Kevin Walker, President/CEO Duquesne Light [PaEN] -- Pittsburgh Business Times: McKinsey Report Outlines Steps Southwest PA, U.S.
Despite these claims, burning waste coal is still just burning fossil fuel and results in the emissions of significant amounts of airpollution including ozone precursors, fine particulates, acid gasses, heavy metals, and vast amounts of carbonpollution.
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