Congress: Protect the Clean Air Act from Plastic Polluters
NRDC
NOVEMBER 16, 2023
Congress’ critical role in addressing the plastic crisis: Don't support plastic polluters' plans to remove Clean Air Act restrictions on incinerating plastic.
Clean Air Act Related Topics 
Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice
Law and Environment
SEPTEMBER 20, 2023
The post Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice first appeared on Law and the Environment. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.
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EPA, Utah Settle with Oil and Gas Companies for Clean Air Act Violations
Environment + Energy Leader
APRIL 1, 2022
The post EPA, Utah Settle with Oil and Gas Companies for Clean Air Act Violations appeared first on Environment + Energy Leader. The EPA has settled with two oil and gas companies regarding pollution violations in Utah.
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Lessons from a plain language analysis: U.S. Clean Air Act Title V public notices as barriers to environmental justice
Environmental News Bits
NOVEMBER 10, 2023
Clean Air Act Title V public notices as barriers to environmental justice.” link] Highlights Abstract The Clean Air Act’s Title V program offers opportunities for the public to participate in … Continue reading Lessons from a plain language analysis: U.S.
VOLKSWAGEN OF AMERICA, INC. AGREES TO PAY OVER $1 MILLION FOR CLEAN AIR ACT VIOLATION
Corp Watch
AUGUST 28, 2023
AGREES TO PAY OVER $1 MILLION FOR CLEAN AIR ACT VIOLATION Department of Justice PaulaR Mon, 08/28/2023 - 12:50 Saturday, June 25, 2005 Read more WASHINGTON, D.C.-The Environmental Protection Agency (EPA) today announced a Clean Air Act settlement with Volkswagen of America, Inc. VOLKSWAGEN OF AMERICA, INC.
Evolving Air Quality Standards
Legal Planet
NOVEMBER 9, 2023
The goal of the Clean Air Act is to achieve national ambient air quality standards (NAAQS), with the primary requirement being protection of public health. As our understanding of the health effects of air pollution has improved, there has been a general trend toward tightening the standards.
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How the Clean Air Act lets closed coal plants keep polluting for years
Environmental News Bits
APRIL 24, 2023
Clean Air Act. But the facility’s legacy of smog pollution continued long after … Continue reading How the Clean Air Act lets closed coal plants keep polluting for years
Climate change and the US Clean Air Act
Environment, Law, and History
DECEMBER 11, 2020
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.
Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority
Law Columbia
JANUARY 25, 2022
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).
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US EPA proposed Clean Air Act endangerment finding targets aviation fuel
Environmental News Bits
NOVEMBER 11, 2022
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.
District Court Holds That Breathing Polluted Air Without Concrete Injury Traceable To Defendant Does Not Confer Standing Under The Clean Air Act
MGKF Law
SEPTEMBER 28, 2023
Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found. Express , LLC. , 20-10032-WGY, 2023 WL 5984517, at *1 (D.
Do Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
Legal Planet
MARCH 23, 2023
They then argue that the federal common law of nuisance no longer exists because carbon emissions are governed by the Clean Air Act. This is really a rock/paper/scissors argument: paper (federal common law) covers rock (state law), and scissors (Clean Air Act) cuts paper (federal common law).
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EPA Announces $1.35 Million Penalty, Settlement With Genesee & Wyoming Railroad Over Clean Air Act Violations
PA Environment Daily
JANUARY 24, 2023
and numerous affiliated companies (collectively, GWRSI) for violation of Clean Air Act (CAA) locomotive regulations. The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”
EPA Can Reconsider Rulemaking without Vacatur in Clean Air Act Citizen Suit, Sixth Circuit Holds
MGKF Law
FEBRUARY 22, 2023
Read More » Tags: Administrative Appeals , Citizen Suit , Clean Air Act , Sixth Circuit , Standing Sierra Club et al. 21-3057, 2023 WL 1873168, at * 1 (6th Cir.
EPA, Justice Department Make Record Settlement with BP over Hazardous Emissions
Environment + Energy Leader
MAY 18, 2023
The settlement includes the largest civil penalty in a stationary source settlement since the Clean Air Act was passed in 1970.
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Desperate Tampering Industry Trying to Pass RPM Act to Continue Polluting
Union of Concerned Scientists
SEPTEMBER 6, 2022
What does the Clean Air Act say about emissions tampering? The Clean Air Act is crystal clear: no one is allowed to tamper with the emissions controls of a motor vehicle or motor vehicle engine, full stop ( 42 U.S.C. 7522(a)(3) ). No, EPA is not coming for your race car.
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Vehicle Regulations on Trial
Legal Planet
SEPTEMBER 13, 2023
EPA In this case, rightwing state Attorney Generals and fuel supplier are suing to block EPA’s regulations for greenhouse gases in motor vehicles, which were promulgated under the Clean Air Act.
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277 EPA’s FY 2021 Enforcement Results: Insights for Clean Air Act Enforcement
Acoel
FEBRUARY 1, 2022
Croix and in South Carolina, EPA invoked Section 303 of the Clean Air Act, which provides for the issuance of an emergency order in response to an imminent and substantial endangerment to public health or welfare, to require immediate actions to either pause operations or reduce emissions from the facilities. In actions in St.
Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?
Environment Next
FEBRUARY 1, 2022
In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.
Massachusetts District Court Holds That Breathing in Polluted Air Without A Concrete Injury Traceable To The Defendant Does Not Confer Standing Under The Clean Air Act
MGKF Law
SEPTEMBER 28, 2023
Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found. Express , LLC. , 20-10032-WGY, 2023 WL 5984517, at *1 (D.
U.S. Dept. Of Justice Indicts Erie Coke (Coal) And Corporate Officer For Violating Federal Clean Air Act Over 4 Years
PA Environment Daily
NOVEMBER 17, 2022
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. Chung announced today. The eight-count Indictment, returned on Nov.
EPA and the Student Loan Decision
Legal Planet
JULY 20, 2023
Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.
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Industry’s Tactics to Expose You to More Soot Pollution
Union of Concerned Scientists
MARCH 14, 2023
rule is a good step, but more is needed The Clean Air Act requires the EPA to periodically review the science for six criteria air pollutants , including particulate matter, and to use this science to set a standard known as the National Ambient Air Quality Standards. EPA’s PM 2.5 American Trucking Associations.
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CLEAN AIR ACT COST BENEFIT ANALYSIS IS REQUIRED ONLY WHEN AUTHORIZED BY STATUTE, EXCEPT IF IT IS IMPOSED BY EXECUTIVE ORDER, BUT COST BENEFIT ANALYSIS IMPOSED BY EXECUTIVE ORDER CAN ONLY BE MODIFIED AS DIRECTED BY STATUTE
Acoel
FEBRUARY 23, 2022
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. Biden reasoned that E.O
Biden’s Proposed Power Plant Rule is a Solid First Step
Legal Planet
AUGUST 2, 2023
Still, the fact that this draft rule follows the passage of the Inflation Reduction Act of 2022 (“IRA”) has enabled the EPA to be relatively stringent. The Clean Air Act requires that the EPA’s emission limits be based on the best system of emission reduction adequately demonstrated and accounting for cost , among other things.
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50 Years Ago: Environmental Law in 1973
Legal Planet
JANUARY 30, 2023
In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. 1973 was at the crest of the environmental surge that swept the United States half a century ago.
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Cars, Smog, and EPA
Legal Planet
AUGUST 24, 2023
The initial standard, set in the 1970 Clean Air Act, was 3.1 For convenience, I’m only going to address standards for cars, although they’ve become a smaller part of the vehicle mix as SUVs and pickup trucks have grown in popularity. grams per mile (gpm) for NOx.
U.S. Climate Law: A Broad & Rapidly Growing Field
Legal Planet
APRIL 3, 2023
EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Standing based on climate impacts C. Social Cost of Carbon D. Co-benefits E. Climate science F. Climate justice II.
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Taking A Data-Driven Tour of Air Pollution Law
Legal Planet
JULY 25, 2022
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. The grandfather of emission trading programs is the SO2 program created by the 1990 amendments to the Clean Air Act.
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Guidance Is Still Not the Same as Regulation
Law and Environment
AUGUST 18, 2023
Congress required in the Clean Air Act that EPA develop guidelines for determining BART. The EPA’s final rule confirms that the agency treated the guidelines as binding for Wyodak and disregarded the state’s broad discretion under the Clean Air Act. The role of the BART guidelines is a curious one.
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What Next for the Climate Tort Cases?
Legal Planet
AUGUST 7, 2023
One tries to combine two lines of precedent to argue that state liability rules were preempted by federal liability rules, but that the federal liability rules themselves were displaced by the Clean Air Act so no basis for liability remains. I don’t expect this argument to win in state court.
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What’s Been Killing U.S. Coal?
Legal Planet
OCTOBER 10, 2023
The passage of the 1970 Clean Air Act and its major 1990 Amendments don’t show up at all in a graph of coal use. And what sparked the ensuing plunge in coal use starting with Obama’s presidency? The decline probably wasn’t due to environmental regulation.
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West Virginia v. EPA Limits the Federal Government’s Power to Promote Clean Energy and Combat Climate Change
Law and Environment
JULY 1, 2022
The decision focuses on EPA’s authority under a specific section of the Clean Air Act. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .
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EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years
Law and Environment
MAY 12, 2023
It was the at the core of the previous challenge to President Obama’s Clean Power Plan, which the Supreme Court rejected in West Virginia v. They may also argue that carbon capture and hydrogen have not been “adequately demonstrated” and thus cannot be considered BSERs under the Clean Air Act.
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The Car Rule and the Major Questions Doctrine
Legal Planet
APRIL 24, 2023
In West Virginia , the Court stressed that EPA had used an obscure, seldom used provision of the Clean Air Act to adopt an unprecedented regulation. But the resemblance ends there.
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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.
Union of Concerned Scientists
APRIL 20, 2023
Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.
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EPA Proposes Rejection of San Joaquin Valley Air District PM2.5 SIP Submittal
Legal Planet
OCTOBER 26, 2022
discussing the ways in which local air districts can take action to end harmful air pollution from building appliances. As we explained in our brief, under the federal Clean Air Act, states are required to submit SIPs detailing strategies to come into attainment with federal air quality standards for pollutants like ozone and PM2.5.
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What Should EPA Do After Repealing the Clean Power Plan?
Legal Planet
DECEMBER 9, 2021
The Clean Power Plan was based on section 111(d) of the Clean Air Act. There’s been a lot of discussion among academics and advocates about instead using section 115 of the Clean Air Act as a basis for carbon regulations. Here are the options going forward for regulating existing power plants.
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Hold Erie Coke Accountable Calls On EPA, DEP, Erie County & City To Form Erie Coke [Coal] Plant Community Working Group On Site Cleanup, Revitalization
PA Environment Daily
AUGUST 8, 2023
Attorney's Office in Western PA indicted the Erie Coke Corporation and the former plant superintendent on criminal charges of violating the federal Clean Air Act. Of Justice Indicts Erie Coke (Coal) And Corporate Officer For Violating Federal Clean Air Act Over 4 Years -- U.S. Read more here.
Environmentalism and the Supreme Court
Legal Planet
AUGUST 26, 2021
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. Among other things, the Clean Air Act gives federal protection to wetlands.
Why UCS Supporters Are Pressing EPA to Let California Enforce Its Truck Pollution Rules
Union of Concerned Scientists
DECEMBER 1, 2022
California has a longstanding leadership role on transportation pollution, and the Clean Air Act grants the state the right to set strong vehicle emissions standards. While the waiver addresses California’s ability to enforce its rules, the Clean Air Act also allows other states the ability to adopt California’s policies.
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The Profound Climate Implications of Supreme Court’s West Virginia v. EPA Decision
Union of Concerned Scientists
JULY 1, 2022
EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the Clean Air Act. First and foremost, despite some fossil fuel interests swinging for the fossil fuel-favored fences, the Supreme Court’s decision in West Virginia v. And here, the Court has struck a devastating blow.
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Center For Coalfield Justice, Donora Historical Society & Smog Museum Host Oct. 11 Webinar On 75th Anniversary Of Donora Smog Disaster
PA Environment Daily
SEPTEMBER 17, 2023
The Center for Coalfield Justice is partnering with the Donora Historical Society and Smog Museum to host an October 11 webinar to commemorate the 75th anniversary of the Donora smog, an event that led to the creation of the state Air Pollution Control Act and the federal Clean Air Act.
EPA withdraws proposal to drop pyrolysis from regulation following criticism
Environmental News Bits
JUNE 7, 2023
Clean Air Act emissions limits will remain in place for a category of facilities that includes small MSW combustors and certain institutional waste incinerators after Monday’s decision. Read the full story at Waste Dive.
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