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Third Circuit Confirms EPA’s Approval of Pennsylvania’s Air Pollution Plan

MGKF Law

On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the Clean Air Act (“CAA”).

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant. American Trucking Associations. Illinois Central Railroad v. Michigan v.

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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.

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Catch 22 at the Supreme Court

Legal Planet

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). Here’s why it’s disingenuous.

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

Legal Planet

Fourth, unlike the Clean Power Plan, this regulation is not just about greenhouse gases and climate change. It also applies to conventional air pollutants – the same pollutants that EPA has regulated since the Clean Air Act was passed in 1970.

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

Law Columbia

This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure.

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EPA Releases White Paper For Comment On Reducing Climate Pollution From New Natural Gas-Fired Electric Generation

PA Environment Daily

Environmental Protection Agency issued for public input a draft white paper on control techniques and measures that could reduce greenhouse gas (GHG) emissions from new stationary combustion turbines. On April 21, the U.S. These turbines, which are currently projected to be a significant part of U.S.