A Design Flaw in the Clean Air Act

Legal Planet

The Clean Air Act has two kinds of standards. It sounds like having two kinds of standards should improve air quality more than a single standard. It sounds like that’s good for air quality, right? The net effect or the new source standards on air quality is zero.

Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority

Law Columbia

The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA). By Jacob Elkin.


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US EPA proposed Clean Air Act endangerment finding targets aviation fuel

Environmental News Bits

On October 17, 2022, the United States Environmental Protection Agency issued a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of Section 231(a) of the Clean Air Act, 42 U.S.C. 7571, and further that engine … Continue reading US EPA proposed Clean Air Act endangerment finding targets aviation fuel. Read the full story at the National Law Review.

The Clean Air Act Is a Model for Protections We Need More than Ever

Scientific American

The Clean Air Act, now undermined by the Supreme Court, exemplifies how the U.S. government once tackled “major questions”—and could again. -- Read more on ScientificAmerican.com. Environment Climate Change Social Sciences Policy Politics

EPA’s FY 2021 Enforcement Results: Insights for Clean Air Act Enforcement


EPA highlights its EJ directives, swift action in EJ communities facing acute threats from air and water pollution, increased engagement with communities, increased access to enforcement and compliance information, and support for victims of environmental crime. And as it does every year, the release offers several key insights for air practitioners. One such tool is EPA’s Geospatial Measurement of Air Pollution (“GMAP”) mobile laboratory.

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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Desperate Tampering Industry Trying to Pass RPM Act to Continue Polluting

Union of Concerned Scientists

With a Senate hearing scheduled later this week, Congress is once again taking a look at the RPM Act, which has become SEMA’s last-ditch effort to thwart regulation, so I thought it’d be worth spending some time recapping just what the heck is going on.



Cost benefit analysis for Clean Air Act regulations has a tortuous history, which just got more twisted. American Trucking Association that EPA must not consider regulatory costs in establishing health based National Ambient Air Quality Standards for ozone and particulate matter.

U.S. Dept. Of Justice Indicts Erie Coke (Coal) And Corporate Officer For Violating Federal Clean Air Act Over 4 Years

PA Environment Daily

On November 17, Erie Coke Corporation, along with a corporate officer, have been indicted by a federal grand jury in Erie on among other charges, Violation of the Clean Air Act, United States Attorney Cindy K.

Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?

Environment Next

The trial court also issued an injunction prohibiting the defendants from engaging in any of the activities prohibited by the Act. . that EPA could regulate greenhouse gas emissions under the Clean Air Act.

Taking A Data-Driven Tour of Air Pollution Law

Legal Planet

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. Some of the findings are not surprises: stricter regulations actually do result in improved air quality. Another study shows that air pollution can increase dementia.

Ag and Food Law Daily Update: August 11, 2022

National Law Center

Ag & Food Law Update Clean Air Act Fish and Wildlife Service Food and Drug Administration National Oceanic and Atmospheric AdministrationA comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food.

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West Virginia v. EPA: A Quick Explainer

Legal Planet

Supreme Court administrative law Clean Air Act Clean Power Plan major question doctrine Section 111(d) Supreme Court West Virginia v. Download as PDF. The post West Virginia v. EPA: A Quick Explainer appeared first on Legal Planet.

Scope of EPA Authority Before the Supreme Court

National Law Center

Brigit Rollins Clean Air Act Environmental Law Environmental Protection AgencyThe United States Supreme Court recently heard arguments in West Virginia v. Envt’l Protection Agency, No. 20-1530 (2022), a lawsuit.

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.

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Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions

E2 Law Blog

Clean Air Act Climate Change Court Cases EPA Featured Federal Litigation clean air act GHG Emissions greenhouse gas greenhouse gas emissions greenhouse gases GT Insight power plants Supreme Court Supreme Court cases u.s.

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.

SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases


Administrative Law Clean Air Act Climate Change and Resiliency LitigationOn June 30, 2022, the U.S. Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v.

Air Quality as Environmental Justice

Legal Planet

The most powerful tool for assisting those communities, however, may be the National Ambient Air Quality Standards (NAAQS). The NAAQS (pronounced “knacks”) are supposed to be the maximum amount of air pollution consistent with protection of public health and welfare.

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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.

Environment, Energy, and Resources Law: The Year in Review 2021

E2 Law Blog

Articles CERCLA Clean Air Act Clean Water Act DOJ EPA Executive Order Featured Federal Federal Regulation NEPA enforcement environmental crimes GT Insight

2021 52

Celebrating Ozone Layer Protection Milestones of the Clean Air Act


Principal Deputy Assistant Administrator for the Office of Air and Radiation. industry has led the way, at every stage, by developing next generation technologies even while the use of air-conditioning and refrigeration has steadily grown. By Anne L. Austin.

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Commercial Real Estate Alert: New Jersey’s New PFAS Soil Standards Shake Up Cleanups & Closings

Cole Sholtz

As of October 17, 2022, any property in New Jersey that is undergoing remediation and/or subject to an open Industrial Site Remediation Act (ISRA) case and where sampling has uncovered any of the regulated PFAS chemicals (ie., Cleaning products.

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Environmental Justice, Truck Pollution, and the Biden EPA

Legal Planet

acts as a multiplier of this base rate. Administrative Law Air Quality Biden Administration Environmental Justice Pollution & Health Public Health Regulatory Policy Transportation air pollution Clean Air Act Cost Benefit Analysis environmental justice heavy trucks pollution trucking

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


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.

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.

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

It’s Time to Repeal the Clean Power Plan

Legal Planet

The Clean Power Plan (CPP) was the Obama Administration’s signature climate effort. When fully implemented, the Clean Power Plan was intended to cut carbon emissions 30% below the 2005 level by 2030. In short, nothing would be lost by repealing the Clean Power Plan.

Local Governments Across the Country File Legal Brief Challenging EPA’s Failure to Address Power Plant Pollution

Columbia Climate Law

EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule. The Clean Power Plan was the Obama Administration’s rule regulating greenhouse gas emissions from fossil fuel-fired power plants, the nation’s largest stationary source of climate pollution. In June 2019 the EPA repealed the Clean Power Plan and replaced it with the Affordable Clean Energy (ACE) Rule, which is projected achieve a 0.7%

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A Scientific Perspective on EPA’s Proposal to Weaken Performance Standards for New Coal-fired Power Plants

Columbia Climate Law

Carbon Capture and Storage Clean Air Act Coal Deregulation EPA carbon capture CO2 coal-fired power plants The Petra Nova carbon capture facility in Texas.

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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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Jobs and Environmental Regulation

Legal Planet

Look at it this way: In 1970, when the Clean Air Act was passed, the unemployment rate was twice what it is today. A March 2022 article in the Journal of Economic Literature took a careful look at the impact of the Clean Air Act on jobs.

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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Today’s Vaccine Cases: Implications for Climate Change Regulation

Legal Planet

Supreme Court administrative agencies Affordable Clean Energy Rule Clean Air Act Clean Power Plan conservative activism major question doctrine nondelegation doctrine Supreme Court

Five Important Points About the “SAFE Vehicle Rule”

Law Columbia

Clean Air Act Transport Fuel Efficiency TransportationBy Romany Webb. On Thursday, August 2, the U.S. Environmental Protection Agency (EPA) and Department of Transportation (DOT) jointly issued the Safer Affordable Fuel-Efficient Vehicle Rule (SAFE Vehicle Rule).

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West Virginia v. EPA: Implications of the Supreme Court’s Clean Power Plan Case for the Future of Climate Regulation and Beyond

Arnold Porter

Join our panel of national experts on the Clean Air Act, climate change and energy regulation—including a leading appellate practitioner, a leading Clean Air Act practitioner and a former EPA Deputy General Counsel—as they discuss the ramifications of this landmark opinion for the future of US climate change policy and environmental la

Defending EPA’s Authority to Fight Climate Change – at the Supreme Court

Legal Planet

EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act in 1970. (We

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.

Regan Hits His Stride

Legal Planet

Cleaning up the mess and issuing new regulations is Priority #1 for the Biden Administration. No one of them is transformative standing alone, but their cumulative impact will be substantially cleaner air and lower carbon emissions.

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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Clean Air Council v. State Air Resources Board , No.

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