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The issue was whether state plans under the CleanAirAct only need to prevent violation of national air quality standards, or whether they must prevent deterioration in areas where the air is already cleaner than the standards. International Harvester Co. Ruckelshaus (1973). In immediate terms, this D.C.
EPA , clarifying the tripartite framework for determining venue in CleanAirAct (“CAA” or “Act”) litigation. Read More » Tags: Agency Action , Air , CleanAirAct , D.C. On June 18, 2025, the Supreme Court decided EPA v Calumet Shreveport Refining, LLC et al. ,
Argument #3: The Court should narrow the scope of NEPA case because it was passed before the enactment of a bevy of other environmental statutes like the CleanAirAct. This is a weird argument for two reasons. First, all the conservatives on the Court say they are textualists.
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the CleanAirAct (CAA), it’s a different story entirely.
Academy Express, LLC , the Conservation Law Foundation brought a private right of action under the CleanAirAct, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut. In Conservation Law Foundation, Inc. 20-10032-WGY (D.
On October 23, 2024, the CleanAir Council and the Environment Integrity Project filed a notice of intent to sue the Shell Petrochemical Plant in Beaver County for emitting particulate matter (PM 2.5) and nitrogen oxides in violation of the federal CleanAirAct, the state Air Pollution Control Act and the plant's permit. "As
Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the CleanAirAct, the Clean Water Act, and more? The first post is here. What does NEPA do that these other statutes are not already doing?
CLEEs new report State of Aviation Deecarbonization: State Policy Options to Regulate Carbon Emissions from Aviation and Federal Preemption Risk provides an in-depth analysis of these legal issues with respect to three potential state policy approaches: regulation via a low carbon or clean fuel standard , which creates a carbon intensity target for (..)
To be able to avoid any restrictions under the CleanAirAct? If they do, one can imagine pay to play exploding in popularity with members of both parties when the appropriate time comes. Could one, for instance, be able to pay money to avoid federal criminal penalties?
On July 28, the US Environmental Protection Agency formally issued an interim final rule extending several deadlines for industry compliance with national methane standards for new and existing oil and gas facilities, known as Section 111, OOOOb/c of the CleanAirAct. 9 Webinar On Growth Of A.I.
First off, the definition of pollutant in the CleanAirAct (CAA) clearly does include CO 2 as well as water vapor. But both claims are bogus. This was the point litigated in Massachusetts v.
On October 2024, the CleanAir Council and the Environment Integrity Project filed a notice of intent to sue the Shell Petrochemical Plant in Beaver County for emitting particulate matter (PM 2.5) and nitrogen oxides in violation of the federal CleanAirAct, the state Air Pollution Control Act and the plant's permit.
Individuals using the map can input their home address to see which facilities are near them. Click Here for the Environmental Integrity Project announcement.
“We commend Pennsylvania’s efforts to meet their goals and remain committed to working alongside our partners by promoting and delivering practices that provide healthy, cleanair to all Americans." Fine particulate pollution, known as PM2.5,
In addition, California’s ability to set its 100% zero-emissions target (and the ability of other states to adopt that target) relies on EPA’s issuance of a CleanAirAct preemption waiver.
XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged CleanAirAct and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania. In separate agreements, XTO Energy Inc. DEP Announce $5.275 Million In Penalties, Plus $1.4
16 to 22 - $5.257 Million In Penalties; Conventional Well Owners Issued More Violations Than All Of 2023; More Abandoned Wells; Failure To Submit Shale Gas Reports [PaEN] -- EPA, Justice Dept., DEP Announce $5.275 Million In Penalties, Plus $1.4 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc.,
These reductions would put EPA back to its resources in 1980, before the implementation of critical new or expanded programs such as Superfund, key controls on hazardous waste, and important programs under the CleanAirAct and the Toxic Substances Control Act.
The Climate Solutions plaintiffs argue that I-2066 violates Washingtons single subject rule by requiring voters who may support affirming access to natural gas service, to vote for unrelated repeals and other changes to state law provisions that promote clean energy and reduce greenhouse gas emissions (among other unrelated changes).
The report provides renewed evidence of the consequences for our health of using fossil fuels In 1970 the CleanAirAct and the newly formed Environmental Protection Agency (EPA) were given authority by Congress to regulate pollution from passenger cars and other forms of transportation. From 2000 to 2020, national PM 2.5
The Environmental and Climate Justice Program was created by the Inflation Reduction Act under CleanAirAct Section 138 to award $3 billion in grants to community-based non-profits, Tribes, local governments, and higher education institutions in every state to tackle the climate crisis and environmental harms at the local level.
I’m not including laws that simply incentivize clean energy or those that fund pure science, even though both are vitally important parts of climate policy. Climate first cropped up in the CleanAirAct of 1970. Next up was the Global Climate Protection Act of 1987 , which was signed by Ronald Reagan.
The Project 2025 report is 920 pages long, but only a few portions have gotten much public attention. The report’s significance is precisely that it goes beyond a few headline proposals to set a comprehensive agenda for a second Trump Administration. There are dozens of significant proposals relating to energy and the environment.
The City Council is also considering a bill that would require the Department of Environmental Protection to promulgate a rule to regulate indirect sources of air pollution. The City cannot directly regulate vehicle emissions due to CleanAirAct preemption, but it can regulate indirect sources like e-commerce warehouses.
A: The CleanAirAct gives EPA the power to regulate emissions from new cars and trucks. But theres an exemption for states that were already regulating vehicle emissions before the CleanAirAct was passed – which only California was doing. Q: That explains EPAs role.
This would ensure that manufacturers are only compliant with the least protective regulation in any given year, including a provision that would actually allow manufacturers to simply buy their way out of compliance with the CleanAirAct, something that is explicitly disallowed under current law.
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.
The Courts language is worth a careful look: “The holdings of those cases that specific agency actions are lawfulincluding the CleanAirAct holding of Chevron itselfare still subject to statutory stare decisis despite our change in interpretive methodology.
Conference of Mayors The CleanAirActs opening provision recognizes that vehicles contribute to dangerous air pollution and that federal leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
Crawford County Violated Solar Energy Developers Civil Rights, Municipal Extortion, Bribery Totaling $150 Million -- Bloomberg: Presidents Tariffs Herald Higher Costs For A.I.
Judges, policymakers, and advocacy groups have all recognized the potential that ISRs have to empower local air districts and states to better comply with the federal CleanAirAct and related state statutes, meet ambitious emission reduction targets, and reduce harms to community health.
In 1970, Lee Iacocca, then Ford’s executive vice president, said that the CleanAirActs limits on tailpipe pollution “could prevent continued production of automobiles” and “do irreparable damage to the American economy.
Supreme Court, not the wind or solar industries, that forced the EPA to act on the basis of existing law, the CleanAirAct. Wind and solar are clean energy. And while Wright claims labelling CO 2 as pollution is a marketing tactic, it was the U.S.
Are environmental regulations destroying jobs and crippling the economy? On March 12, EPA Administrator Lee Zeldin announced on X that: @EPA is initiating 31 historic actions to Power the Great American Comeback in the greatest day of deregulation in American history!
The CleanAirAct, which prohibits states from exceeding federal emissions standards for motor vehicles, with the significant exception of Californias statutory ability to obtain a preemption waiver for standards needed to tackle the states singular air pollution challenges.
The 2009 endangerment finding has played a foundational role in CleanAirAct regulation of GHG emissions from both mobile and stationary sources. 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.
Shell on behalf of all the companies responded that the Solicitor General had effectively reversed the governments position that the CleanAirAct preempts claims in these climate cases. 7401 et seq. The outgoing Biden Administration had also opposed an effort by GOP-led states to block the suits.
The CleanAirAct (CAA) requires the U.S. Environmental Protection Agency (EPA) to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute.
EPAs 2024 Vehicle Standards EPA derives its authority and mandate to promulgate rules regulating mobile sources like light- and medium-duty vehicles from Section 202 of the CleanAirAct. In 2007, the Supreme Court held in Massachusetts v.
The GGRF fares particularly badly: in addition to the rescission of unobligated balances, the Act repeals the underlying statutory authority for the program (in simple terms, it strikes the relevant section from CleanAirAct).
We can rebuild it—we have the technology (and lax regulations) Under the CleanAirAct, the Environmental Protection Agency sets emissions standards for engines in new locomotives. Unfortunately, the Biden administration did not grant such a waiver before leaving office.
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