Union of Concerned Scientists

JANUARY 26, 2024

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

Regulations 193

Regulations Clean Air Act Sea Level Politics 193

Legal Planet

MAY 16, 2024

Unless the Court moderates its views, future regulations will face tough sledding. The Clean Water Act requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? With that as background, here’s the list in chronological. Train, 420 U.S.

Law 147

Law Clean Air Act Clean Water Act Endangered Species Act 147

Law and Environment

JULY 1, 2022

EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the Clean Air Act. The Clean Power Plan’s emissions limits were never operative.

Clean Energy 130

Clean Energy Climate Change Clean Air Act Greenhouse 130

Legal Planet

APRIL 25, 2024

Under the Clean Air Act, nationwide EPA air pollution rules can only be challenged in the D.C. Circuit views regulations as presumptively valid because they come from a coequal branch of government, so it is stingy about granting preliminary injunctions. Circuit, where EPA will get a much fairer hearing.

Clean Air Act 227

Clean Air Act Regulations Air Pollution Carbon Emissions 227

Legal Planet

OCTOBER 5, 2023

EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. Ohio and some other states argue that the waiver unconstitutionally gives California more power to regulate than it gives them. Q: Hi, Sean.

Clean Air Act 262

Clean Air Act Regulations Nitrogen Oxides Technology 262

Union of Concerned Scientists

JANUARY 26, 2024

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

Regulations 130

Regulations Clean Air Act Sea Level Politics 130

Legal Planet

AUGUST 22, 2023

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.

Regulations 130

Regulations Ozone Air Pollution Clean Air Act 130

Legal Planet

AUGUST 2, 2023

That does not mean, however, that states and utilities are similarly constrained from generation shifting as they develop ways to comply with the federal regulations. 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.

Carbon Dioxide 185

Carbon Dioxide Fossil Fuels Clean Air Act Nitrogen Oxides 185

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.

Clean Air Act 52

Clean Air Act Sea Level Greenhouse Carbon Emissions 52

Greenbuilding Law

OCTOBER 30, 2021

If there was any question that the judiciary was a coequal and political branch of government, last Friday after President Biden was wheels up to attend the COP26 Glasgow climate conference, the Supreme Court agreed to review the Environmental Protections Agency’s authority to regulate greenhouse gas emissions.

Climate Change 52

Climate Change Regulations Clean Air Act Carbon Dioxide 52

Legal Planet

JUNE 9, 2022

Should regulators take into account harm to people in other countries? These questions are central to climate policy and some other important environmental issues. When the Trump Administration estimated the harmfulness of climate change, its answer was about a tenth of the Obama Administration’s estimate.

Climate Change 236

Climate Change Clean Air Act Regulations Government 236

Legal Planet

JANUARY 23, 2023

That bill, introduced in 2001 and passed the next year, told the California Air Resources Board to create such standards using ARB’s special powers under the Clean Air Act to develop more strict air pollution controls for cars than the federal government (explained here ). Frank Pallone, Jr.,

Greenhouse 130

Greenhouse Clean Air Act 2001 Pollution Control 130

Legal Planet

AUGUST 26, 2021

This was a case under the Endangered Species Act. The Supreme Court interpreted the statute to place an absolute priority on preserving endangered species, regardless of the impact on the economy or other government goals. This decision made the Endangered Species Act the strongest of the environmental statutes. Michigan v.

Clean Air Act 246

Clean Air Act Endangered Species Act Regulations Air Pollution 246

Union of Concerned Scientists

OCTOBER 6, 2022

Environmental Protection Agency (EPA) decision the US Supreme Court handed down in June curtailed strategies EPA can use to slow climate change, but its problematic implications stretch far beyond greenhouse gas reduction. The West Virginia v. Congress shares power with federal agencies. West Virginia v. EPA upends this arrangement.

Clean Air Act 244

Clean Air Act Regulations Politics Law 244

Law Columbia

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. As my collaborators and I argue in our book, these criteria are satisfied in the case of climate change. (A

Air Pollution 98

Air Pollution Climate Change Clean Air Act Fossil Fuels 98

Union of Concerned Scientists

MARCH 12, 2024

The majority also seems utterly disinterested in the fact that a solid majority of people in this country want action on climate change and pollution. A CNN poll in December found that 73 percent of respondents in the United States say the federal government has some level of responsibility to curb climate change.

Ozone 198

Ozone Earth Day Endangered Species Act Climate Change 198

Law and Environment

JANUARY 27, 2022

EPA , which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. 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. As everyone knows, the Supreme Court has teed up West Virginia v. Good luck with that.

Clean Air Act 240

Clean Air Act Carbon Emissions Regulations Greenhouse 240

Union of Concerned Scientists

JULY 1, 2022

Though the case caught fewer headlines, it, too, threatened Earth-shifting implications all its own by thrusting into question a critical EPA lever for addressing climate change. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the Clean Air Act.

Fossil Fuels 256

Fossil Fuels Clean Air Act Clean Energy Greenhouse 256

Capaccio

DECEMBER 8, 2022

As the EPA commits itself to environmental justice, the agency has taken its regulations under review. The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change .

Climate Change 52

Climate Change Clean Air Act Regulations Sea Level 52

Capaccio

DECEMBER 8, 2022

As the EPA commits itself to environmental justice, the agency has taken its regulations under review. The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change .

Climate Change 52

Climate Change Clean Air Act Regulations Sea Level 52

Law and Environment

JANUARY 12, 2023

Given the heightened importance of CDR technologies, some regulators and members of the public are calling for a broader range of measures to ensure that CDR projects are accurately monitored, reported, and verified. A handful of regulatory schemes govern CDR, focused mainly on reporting in the geological sequestration context.

Carbon Dioxide 130

Carbon Dioxide Clean Air Act Regulations Technology 130

Law Columbia

MARCH 13, 2023

EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the Clean Air Act. This blog post summarizes the history of federal vehicle emissions regulations, the arguments made by Petitioners in Texas v. The brief is available here.

Clean Air Act 55

Clean Air Act Air Pollution Climate Change Regulations 55

Law and Environment

DECEMBER 20, 2023

Or, they may use “any similar methodology that satisfies the criteria under § 211(o)(1)(H) of the Clean Air Act.” The RFS credits certain biomass-derived jet fuels that either (1) fall within one of six generally applicable production pathways established by program regulations; or (2) receive company-specific approval from EPA.

Clean Air Act 130

Clean Air Act Biofuels Fossil Fuels 2024 130

Legal Planet

MAY 20, 2021

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. The Trump rule contained an industry wish list of provisions, all of them designed to make regulation more difficult. Last week, EPA rescinded the rule.

Clean Air Act 234

Clean Air Act Regulations Air Pollution Government 234

Acoel

JULY 25, 2022

To borrow a page from his playbook, let’s consider a bold, “all-in” strategy to combat climate change – one that includes aggressive and timely actions by the states to abate greenhouse gas emissions. EPA is a significant setback for the Biden Administration and its efforts to address climate change.

Climate Change 40

Climate Change Toxic Substances Control Act Clean Air Act Greenhouse 40

Union of Concerned Scientists

MAY 19, 2022

Outside of bird protection acts of the early 20 th century, protections for water, air and the atmosphere are a late 20 th -century development, created in the wake of Rachel Carson’s 1962 treatise on pesticides, Silent Spring. Climate Change on the Docket. They appear to have a sympathetic ear in Justice Alito.

Carbon Dioxide 255

Carbon Dioxide Climate Change Clean Water Act Fossil Fuels 255

Union of Concerned Scientists

MARCH 29, 2023

Attorneys general (AGs) in the five states most vulnerable to climate change, however, are doing the exact opposite: Instead of defending their constituents, they are defending the fossil fuel industry. By railing against what he calls a “radical climate change movement” and suing the federal government to protect corporate polluters.

Fossil Fuels 350

Fossil Fuels Climate Change Sea Level Electricity 350

PA Environment Daily

JUNE 30, 2022

Environmental Protection Agency's ability to reduce carbon pollution from existing power plants under the federal Clean Air Act. EPA does have authority to regulate carbon dioxide as a pollutant under the federal Clean Air Act and the Court’s ruling did not address that existing authority.

Carbon Dioxide 52

Carbon Dioxide Regulations Clean Air Act Greenhouse 52

Legal Planet

APRIL 17, 2023

That’s the most basic takeaway from the April 12 policy symposium convened by the UCLA Emmett Institute about the new federal laws to address climate change. For better or worse, it’s an incentives-based law that moves away from the reliance on traditional regulation and enforcement. Easter Peeps, anyone?

Endangered Species Act 221

Endangered Species Act Clean Air Act Law Politics 221

Legal Planet

SEPTEMBER 6, 2022

climate policy. The federal government is now supporting that role with federal funding for states. The Inflation Reduction Act provides another important source of state funding. A key provision (IRA § 60114) appropriates $250 million to support emission reduction planning by state governments.

Carbon Emissions 214

Carbon Emissions Clean Air Act Electricity 2030 214

Legal Planet

OCTOBER 18, 2022

Nevertheless, and with the possible exception of the Clean Air Act, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA. ” That obviously did not, and will not, happen. Environmental Protection Agency.).

Clean Water Act 171

Clean Water Act Pollution Control Regulations Clean Air Act 171

Legal Planet

JULY 12, 2023

Whether climate change impacts to Montana’s environment can be measured incrementally. Whether climate impacts and effects in Montana can be attributed to Montana’s fossil fuel activities. Intergovernmental Panel on Climate Change. They are: Whether Plaintiffs’ injuries are mischaracterized or inaccurate.

Fossil Fuels 211

Fossil Fuels Climate Change Greenhouse Clean Air Act 211

Columbia Climate Law

APRIL 24, 2020

Today, the Sabin Center filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule.

Government 40

Government Carbon Dioxide Clean Air Act Fossil Fuels 40

Acoel

JULY 5, 2022

EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory strategy and toward strategies that will be far more effective in addressing the existential threat of climate disruption.

Clean Air Act 98

Clean Air Act Fossil Fuels Natural Gas Electricity 98

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.”. I still believe that.

Clean Air Act 130

Clean Air Act Climate Change Government Law 130

Union of Concerned Scientists

JUNE 14, 2023

JM: Quite simply, if we don’t clean up the power sector, we won’t get anywhere close to reducing the amount of carbon emissions needed to avoid the worst consequences of climate change. EN: These standards—or at least something based on the same Clean Air Act provision—have been in the works for a long time.

Fossil Fuels 208

Fossil Fuels Carbon Emissions Nitrogen Oxides Clean Air Act 208

Law Columbia

MARCH 29, 2024

The California Air Resources Board (CARB) is still awaiting funding to craft the regulations needed to implement the laws, though it has indicated it will begin the process soon. However, the existence of federal regulations on the same subject as a state law does not mean that state law is necessarily preempted.

Law 69

Law Regulations Clean Air Act Pollution Control 69