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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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.

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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.

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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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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.

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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.

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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.

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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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Legal Planet

MAY 22, 2023

Did EPA use an “ancillary provision” of the Clean Air Act? EPA used the same provision here [section 111(d)] that it used to issue the Clean Power Plan. ” Apart from using the same section of the Clean Air Act and having substantial projected compliance costs, the two rules couldn’t be more different.

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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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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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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

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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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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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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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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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3BL Media

FEBRUARY 28, 2022

The case, West Virginia vs EPA, was brought to court by the coal industry and its allies to challenge the Environmental Protection Agency’s authority and obligation to use the Clean Air Act to regulate power plant carbon emissions, a primary driver of the climate crisis. Supreme Court to reject the case.

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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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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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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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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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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.

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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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3BL Media

JUNE 30, 2022

Now Congress must do the same by acting swiftly to pass legislation with ambitious clean energy investments. KEYWORDS: EPA, Supreme Court, Clean Air Act. emissions from power plants are primary drivers of the climate crisis and pose risks to the U.S. economy and society at large. and the globe.

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NRDC

APRIL 17, 2023

This is the ninth blog in a series celebrating the grant projects funded through our Clean Air Act settlement with the owners of the E.D. Edwards coal-fired power plant outside Peoria, Illinois.

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Law and Environment

NOVEMBER 30, 2022

The Clean Water Act – It’s routine for EPA to take more than 10 years to act on NPDES permit renewals. The Clean Air Act – The Supreme Court has ruled that it does not provide authority for EPA to address the defining issue of our time. They created a pathway towards cleaning our air, water, and land.

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Union of Concerned Scientists

JUNE 1, 2022

Yet EPA isn’t proposing standards consistent with those plans, let alone actually driving the industry beyond what it already promises to do, as required under the Clean Air Act. This fight by industry to delay, obstruct, and otherwise thwart stronger regulation has devastating consequences. Image: Freightliner ).

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Law and Environment

JANUARY 27, 2022

Of course, the EEI did so to ensure that the Clean Air Act continues to act as a shield against private tort actions over carbon emissions, but still. After all, no less a group of environmental radicals than the Edison Electric Institute has filed a brief in support of EPA’s authority to regulate GHGs.

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Union of Concerned Scientists

OCTOBER 6, 2022

EPA plans to issue a Clean Air Act rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well. EPA proposed changes to its MON rule in 2019, regulating toxic emissions for about 200 chemical plants that produce solvents, plastics, and pesticides across the country.

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Legal Planet

JULY 1, 2022

The industry has argued that in EPA has eschewed requiring changes in a plant’s proposed fuel mix in implementing another part of the Clean Air Act, which deals with pollution from new plants. Although I don’t see West Virginia case as a barrier, there could be more mundane legal issues.

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Union of Concerned Scientists

MAY 2, 2023

If passed, however, the EJ for All Act could catalyze a transformational shift in how pollution is regulated, how environmental regulations are enforced, and how affected communities are able to participate in regulatory decisionmaking.

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PA Environment Daily

FEBRUARY 2, 2023

Under the federal Clean Air Act, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court. In addition, public records show that Shell released soot and other “visible emissions” that violate limits in its permit and the Clean Air Act.

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Law and Environment

AUGUST 27, 2021

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. 7413(b), expressly provides for injunctive relief to redress violations of the Act.”.

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E2 Law Blog

APRIL 21, 2023

Earth Day was created in 1970 by Senator Gaylor Nelson to draw attention to ongoing issues with toxic air and waste. Twenty million Americans participated in the first Earth Day, eventually leading to the formation of the EPA and then the passing of the Clean Air Act and Clean Water Act.

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Acoel

DECEMBER 19, 2022

For much of that time, most of the environmental bar viewed Title II of the Clean Air Act as something that took up space between Titles I and III and had something to do with cars. Posted on December 19, 2022 by Sam Gutter. I’ve been engaged in issues involving mobile sources for more than 40 years.

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Environmental News Bits

OCTOBER 24, 2022

The Inflation Reduction Act of 2022 amended the Clean Air Act to create the Greenhouse Gas Reduction Fund, a new program which will deploy $27 billion in competitive grants to mobilize financing for clean energy and climate projects that reduce or avoid greenhouse gas emissions, especially in disadvantaged communities.

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Legal Planet

APRIL 17, 2023

That’s a major departure from the environmental legislation of the 1970s—NEPA, the Clean Air Act, the Endangered Species Act, to name a few. For better or worse, it’s an incentives-based law that moves away from the reliance on traditional regulation and enforcement.

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