New Study Finds Climate Change Exacerbates Neighborhood Smog

Union of Concerned Scientists

Climate Change Clean Air Act fossil fuel companies ozone SmogThis groundbreaking report is important for three main reasons: impact, scale, and attribution.

Climate change and the US Clean Air Act

Environment, Law, and History

President Nixon signs the Clean Air Act of 1970 Richard Revesz recently posted a piece on climate change regulation, " Bostock and the End of the Climate Change Double Standard" , forthcoming in the Columbia Journal of Environmental Law. air climate legislation USA

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From Supreme Court to State Courts, Important Enviro Rulings from June 2021

National Law Center

Brigit Rollins Clean Air Act Clean Water Act Environmental Law Environmental Protection Agency Water LawThe past few month has seen a series of important environmental law decisions from various courts across the United States.

EPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification Units

E2 Law Blog

8, 2021, the United States Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ ANPRM Notice ”) addressing possible future regulation of pyrolysis and gasification units under the federal Clean Air Act (CAA). On Sept.

Clean Air Act turns 50

Environment, Law, and History

But the Clean Air Act has nonetheless had a major impact. Clean Air Act programs have lowered levels of six common pollutants — particles, ozone, lead, carbon monoxide, nitrogen dioxide and sulfur dioxide — as well as numerous toxic pollutants.

The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change

Law Columbia

But in this blog post, I unpack an aspect of the decision where I think it was more of a mixed bag: the court’s treatment of the international air pollution provision of the Clean Air Act, Section 115. This approach is not unique to the Clean Air Act.

The Gap Between PFAS Science and PFAS Legislation–Industry Place Your Bets

Acoel

On July 21, 2021 the House of Representatives passed a bill dubbed the PFAS Action Act of 2021. The bill would require the EPA to designate PFAS and related PFOA compounds as hazardous substances under CERCLA within one year of the Act’s enactment. Within 180 days after enactment, the EPA must list PFAS as a hazardous air pollutant under the Clean Air Act (CAA). CERCLA/Superfund Clean Air Act PFASPosted on July 30, 2021 by Donald K.

EPA Issues An Enforcement Alert to Metal Recycling Facilities to Address VOC Emissions

Environment Next

General Environmental Scrap Metal Recycling Uncategorized Clean Air Act Emissions EPA EPA Alert EPA Audit Policy Metal Recycling NSR PSD RACT VOC

D.C Circuit Court of Appeals Vacates Affordable Clean Energy Rule

Vorys Law

EPA’s 2019 Affordable Clean Energy Rule (ACE Rule). The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulating greenhouse gas (GHG) emissions from power plants. hinged on a fundamental misconstruction of Section 7411(d) of the Clean Air Act.” Energy Environment Affordable Clean Energy (ACE) Rule Clean Air ActOn January 19, 2021, the United States Court of Appeals for the D. Circuit issued an Order vacating U.S.

Ohio EPA Division of Air Pollution Control hosts Program Advisory Group Meeting

Vorys Law

On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities. During the PAG meeting, Ohio EPA noted that, in the past, the agency has primarily relied on the minimum control measures required under the federal Clean Air Act to meet the NAAQS. Energy Environment Clean Air Act NAAQS ohio epa Permitting

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Flurry of PFAS Actions in the First 100 Days of the Biden Administration: The Highlights

Cole Sholtz

Acting on PFAS was a steadfast part of President Biden’s environmental campaign promises. Also charged with developing the “ PFAS 2021-2025 – Safeguarding America’s Waters, Air and Land ,” a strategy to deliver critical public health protections. PFAS Action Act of 2021 , bipartisan bill introduced to the US House of Representatives. Require testing of PFAS for toxicity to human health under Toxic Substances Control Act (TSCA).

Public Comment Period Opens as Ohio EPA Issues Draft Revisions to Reasonably Available Control Technology (“RACT”) Requirements for Control of VOC and NOx Emissions

Vorys Law

Industrial Solvent Cleaning Operations (See 3745-21-23 ). Automobile and Light-duty Truck Assembly Coating Operations, Heavier Vehicle Assembly Coating Operations and Cleaning Operations Associated with These Coating Operations (See 3745-21-29 ). Energy Environment Clean Air Act NAAQS RACT VOC

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Cost-Benefit Analysis and the Biden EPA

Legal Planet

In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Some important provisions of the Clean Air Act prohibit consideration of cost altogether.

Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported to state or local authorities pursuant to the permit need not be reported again to the United States Environmental Protection Agency (“EPA”) pursuant to the Section 103 reporting requirements of the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Clean Air Council v.

Welcome Dan Pellegrini

Capaccio

Dan will initially be working alongside our Air Permitting experts as he brings extensive Clean Air Act testing experience and will add depth to our team. Capaccio is happy to announce the arrival of our newest team member, Dan Pellegrini.

Dismissal of New York City’s Climate Change Suit Affirmed by Second Circuit On Preemption Grounds

MGKF Law

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question. Read More » Tags: Air , Clean Air Act , Climate Change , New York , Preemption , Second Circuit

Biden Administration Accelerates Federal Regulation of PFAS

Ohio Environmental Law

To address gaps found, EPA will issue orders under Toxic Substances Control Act (TSCA) Section 4 authorities to require PFAS manufacturers to conduct and fund studies evaluating toxicity of PFAS compounds. EPA will evaluate whether to designated PFAS compounds as HAPs under the Clean Air Act.

Environmentalism and the Supreme Court

Legal Planet

This was a case under the Endangered Species Act. This decision made the Endangered Species Act the strongest of the environmental statutes. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

NSR Enforcement Lives On (For Now) — A Split Decision for Ameren

Law and Environment

The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility.

Commonwealth Court of Pennsylvania Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency Actions

MGKF Law

In doing so, the Court held that Section 717r(d)(1) of the federal Natural Gas Act, which provides that federal courts have exclusive jurisdiction over “civil actions” for review of an approval or denial of a permit or approval required by federal law, does not preclude state administrative agency review of state permitting decisions. This Blog Post was authored by Timothy Johnson, a summer associate.

U.S. House Passes Bill Requiring EPA to Regulate PFAS Compounds

Environment Next

House of Representatives passed the PFAS Action Act of 2011 , requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. On July 21, 2021, the U.S.

The Other Shoe Drops — EPA Formally Announces Its Reconsideration of the Withdrawal of the California Preemption Waiver

Law and Environment

I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program.

Will President Biden's Low Carbon Policy Efforts be Slowed Down by the Gruenspecht Effect and Slow Economic Growth?

Environmental and Urban Economics

Clean Air Regulations have focused on reducing the emissions of new cars, new factories and new power plants. The Gruenspecht effect refers to an economist who in his Yale PHD thesis argued that the Clean Air Act can unintentionally make air pollution worse in the short run if car drivers keep their old cars longer because regulation raises the price of new cars (a regulation induced substitution effect). In recent decades, U.S

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The Origins of Climate Awareness in the Legal Academy

Legal Planet

For instance, Weiss wrote the year after the Superfund law was passed and barely a decade after the Clean Air Act went into effect. Today, climate change is the central, though by no means the only, concern in environmental law. Awareness of the issue began slowly, however.

Guest Post: Pass the Climate Commitment Act on Earth Day

Washington Nature

On April 22, Earth Day, the Washington State House will vote on the Climate Commitment Act ( SB 5126 ). There is no better way for the Washington Legislature to honor Earth Day than by passing the Climate Commitment Act. Pass the Climate Commitment Act on Earth Day!

EPA Announces Comprehensive National Strategy On PFAS Pollution

PA Environment Daily

On October 18, the U.S. Environmental Protection Agency announced a national Strategic Roadmap to protect public health and the environment from PFAS pollution.

Using Subject Matter Jurisdiction to Dump Inconvenient Cases

Acoel

Thus, as a citizen-suit lawyer, it strikes me as ludicrous that my clients must jump through hoops to show, for example, that they have a personal stake in Clean Air Act compliance by major sources in their own neighborhoods. Posted on June 22, 2021 by Adam Babich. Successful objections to subject matter jurisdiction can operate like a King’s-X for illegal behavior – a hole in the rule of law.

DEP Holds Virtual Hearing Sept. 22 On Air Quality Permit Renewal For Covanta Waste-To-Energy Facility In Delaware County

PA Environment Daily

DEP is also accepting written public comments on these amendments, which may be submitted to RA-EPSEROAQpubcom@pa.gov or mailed to the Southeast Regional Office, Air Quality Program, 2 E. These permits are required under the federal Clean Air Act for any large or major source of air pollution.

In Wake of COVID-19, USEPA Allows On-Site Inspections to be Replaced by Off-Site Monitoring Activities

Environment Next

In a recent letter , the EPA Office of Enforcement and Compliance Assistance announced that state environmental protection agencies must continue with their required planned inspection commitments of businesses under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Toxic Substances Control Act (TSCA); Safe Drinking Water Act(SDWA), Clean Air Act (CAA); Clean Water Act (CWA); Resource Conservation and Recovery Act (RCRA); and Underground Storage Tank programs.

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Proposed Vermont Regulations Threaten to Upend Process for Treatment of Oily Wastewater

Environment Next

Resource Conservation and Recovery Act (RCRA) and Clean Air Act regulations contain strict requirements for the evaporation of the water, and disposal in a landfill would be prohibitively expensive.

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Straight Talk About A PA Conservation Hero: Ralph Abele And The Environmental Rights Amendment

PA Environment Daily

The ERA states in part that “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.

It’s Our Big Moment – Environmental Law’s Chance to Shine as the “E” in ESG

Acoel

Environmental counsel must be strategic and look at holistic risk and opportunity rather than just interpret existing regulations relating to the Clean Air Act or RCRA. Posted on June 30, 2021 by Heidi B. Goldstein) Friedman. Picture the marquee surrounded by bright flashing lights as the Environmental, Social, and Governance (“ESG”) mandates, requirements and best practices are about to take center stage.

NRDC: Regulation Is Too Weak For Radioactive Oil And Gas Drilling Wastewater, Other Waste

PA Environment Daily

By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017.

Taking a Five-Year-Old to Court: EPA’s First 10 Risk Evaluations Meet the Bench

Acoel

Particularly interesting, where general population chemical exposures are regulated by other EPA-administered statutes, such as the Clean Air Act, Safe Drinking Water Act, or Clean Water Act, the first 10 evaluations deferred to those statutory programs as already establishing appropriate protections for certain risks to human health and the environment. Posted on July 12, 2021 by Alexandra Dapolito Dunn.

Join EPA in Observing Children’s Health Month

EPA

Examples of these additional statutory requirements include: the Food Quality Protection Act. the Safe Drinking Water Act , the Clean Air Act , and. the Toxic Substances Control Act. This means that a baby drinks a much larger amount of water (though formula) by body weight compared to an adult, so clean and safe drinking water is even more critical to their healthy development. By Jeanne Briskin.

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CRES Forum Climate Policy Directives for Legislators, Policymakers, the Press, and the Public

Cresforum

Republican Presidents created the Environmental Protection Agency, signed the Endangered Species Act, the Clean Air Act Amendments, the Oil Pollution Act into law, adopted the United Nations Framework Convention on Climate Change, developed the world’s first market-based emissions reductions programs, and protected America’s wetlands while supporting economic growth and development. The all of the above approach to clean energy is the principal reason the U.S.

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Opinion of the Court in Utility Air Regulatory Group v. EPA Displays a Curious Alignment of Justices

Vermont Law

Summary: Last week the Supreme Court handed down its second Clean Air Act case of the term, Utility Air Regulatory Group v. The case involved a challenge to EPA’s attempt to regulate greenhouse gases in the Prevention of Significant Deterioration (PSD) program of the Clean Air Act. A facility is subject to new source review if it has potential emissions of 100 or 250 tons per year of an air pollutant, depending on the source.

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Should the official Atlantic hurricane season be lengthened?

Real Climate

and European Clean Air Acts and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al. Velden, "The Impact of the Saharan Air Layer on Atlantic Tropical Cyclone Activity", Bulletin of the American Meteorological Society , vol.

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D.C. Circuit Stays Mandate to Consider Clean Power Plan Afresh, Effectively Ending the CPP

MGKF Law

Circuit granted the Environmental Protection Agency’s (“EPA”) motion to stay the vacatur of the Trump administration’s Clean Power Plan Repeal Rule until EPA conducts further rulemaking on the issue in the case of American Lung Association v. Read More » Tags: Air , Case Update , Clean Air Act , Climate Change , D.C. On February 22, 2021, the D.C.

EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana

The Energy Law Blog

On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”).

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