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.

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

Acoel

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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

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.

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

2020 52

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.

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.

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.

2021 93

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.

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.

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.

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.

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

Celebrating Ozone Layer Protection Milestones of the Clean Air Act

EPA

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.

2020 52

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.

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.

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.

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%

2020 40

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.

2019 52

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).

2018 52

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

Ozone 40

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

Ozone 40

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

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.

2017 40

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

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.

2026 81

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.

New Columbia Resource Tracks the President’s Climate Action Plan

Law Columbia

The most prominent of the initiatives in the Climate Action Plan aims to use Section 111 of the Clean Air Act to limit greenhouse gas emissions from coal and other fossil-fueled power plants. Adaptation Clean Air Act Energy Energy Efficiency EPA Grid Solar Power UNFCCC Wind PowerOn June 25, 2013, President Obama delivered a major speech on the topic of climate change.

2014 40

Supreme Court ruling could derail Biden's climate plans

Inhabitant

The states want the court to decide whether the EPA has authority to limit emissions from power plants based on the Clean Air Act The Supreme Court will soon rule on an environmental case that could impact President Joe Biden's climate plan. The court has already heard arguments on a case pitting the Environmental Protection Agency (EPA) against 19 (mostly Republican) states.

The New Environmental Rights Amendment to the New York Constitution

E2 Law Blog

On November 2, voters in New York approved “Proposal 2” and adopted a new section 19 to Article I of the state constitution that reads: “Each person shall have a right to clean air and water, and to a healthful environment.” What counts as “cleanair or water?

Law 52

October 2019 Updates to the Climate Case Charts

Law Columbia

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Circuit Dismissed Clean Power Plan Challenges. Environmental Protection Agency (EPA) rule repealing the Clean Power Plan and finalizing the final Affordable Clean Energy rule in its place.

2019 40

EPA Proposal to Rescind Oil and Gas Methane Regulations Has Not Been Adequately Justified and Disregards Negative Climate Impacts

Columbia Climate Law

That goal was to be achieved, in part, through stricter regulation of methane emissions under section 111 of the Clean Air Act (“CAA”) ( 42 U.S.C. Section 111(b) provides for the adoption, by EPA, of NSPS for new and modified stationary sources of dangerous air pollution.

2019 52

Climate Reregulation: Three Months In

Law Columbia

Furthermore, the Council on Environmental Quality has asked a federal district court to remand the revisions to National Environmental Policy Act (NEPA) regulations that were finalized by the Trump administration and then challenged by states and environmental groups last year. The ACE Rule was the Trump administration’s replacement for the 2015 Clean Power Plan, which would have reduced greenhouse gases by encouraging states to shift from coal and natural gas to renewable energy sources.

Law 46

May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Bureau of Land Management (BLM) in December 2017 and March 2018 because the environmental assessments for the lease sales failed to meet National Environmental Policy Act (NEPA) requirements, including by failing to take a hard look at cumulative climate change impacts. Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. South Coast Air Quality Management District , No.

2020 40

EPA’s COVID-19 Policy Will Further Restrict Public Access to Climate Data

Columbia Climate Law

Briefly, by way of background, the GHGRP was established in 2009 after Congress authorized funding for EPA to develop rules requiring mandatory reporting of greenhouse gas emissions in the FY2008 Consolidated Appropriations Act. Clean Air Act Deregulation EPA Reporting

2020 52

EPA’s Proposed Truck Rule Delays Justice for Freight-Impacted Communities

Union of Concerned Scientists

There are grave concerns we at UCS have about this rule, and nearly 1,000 health professionals, scientists, and engineers in our Science Network agreed that this NO X rule should be strengthened to live up to the agency’s explicit commitments to climate, clean air, and environmental justice.

Local Governments Move to Join Litigation to Support Federal Clean Car Standards

Law Columbia

This coalition of local governments is representative of the diverse communities affected by the proposed roll back of the clean car standards. Clean Air Act Deregulation Litigation Municipal Activity Press Release Transport Clean car standards fuel economy greenhouse gases

2018 52

Shenkman Quoted in Law360 on Environmental Cases to Watch in 2022

Arnold Porter

” The article discusses upcoming environmental litigation in 2022, with Shenkman commenting on a potentially “blockbuster” case regarding the EPA’s authority to regulate greenhouse gas emissions under the Clean Air Act. Environmental partner Ethan Shenkman was quoted in a recent article from Law360 , “Biggest Environmental Cases To Watch In 2022.”

November 2017 Updates to the Climate Case Charts

Law Columbia

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. Second, it found that DOE had not acted arbitrarily and capriciously by not conducting more localized analysis of where exports would result in increased production. Army Corps of Engineers had violated the Clean Water Act.

2017 40

March 2018 Updates to the Climate Case Charts

Law Columbia

Second, the court said the Clean Air Act did not displace the plaintiffs’ federal common law claims, allowing state law to govern; the court said that while the Clean Air Act spoke directly to the “domestic emissions” issues presented in American Electric Power and Kivalina , “[h]ere, the Clean Air Act does not provide a sufficient legislative solution to the nuisance alleged to warrant a conclusion that this legislation has occupied the field to the exclusion of federal common law.”

2018 40

Trump Administration’s Efforts to Roll Back Climate Protections Haven’t Gotten Far and May Not Last, New Report Reveals

Columbia Climate Law

There are dozens of different deregulatory actions underway at various agencies, the most notable examples being the planned rollbacks of rules like the Clean Power Plan and the motor vehicle greenhouse gas emission standards.

2019 52