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The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Any top ten list is a bit arbitrary.
Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the CleanAirAct, the Clean Water Act, and more? One possibility is that NEPA serves as a back-stop for other environmental laws, filling in gaps they do not cover.
Railroading State Environmental Law: The Surface Transportation Board Preempts All By Benjamin Albertson The Surface Transportation Board (“STB”) has exclusive authority over railroads in the United States and has since the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”).
Additionally, the Supreme Court found that when considering whether an agency’s NEPA report complies with the law, reviewing courts should grant “substantial deference” to the agency. National Environmental Policy Act NEPA was signed into law on January 1, 1970.
FIFRA is the primary federal law regulating pesticide use in the United States. The ESA is one of the main wildlife protection laws in the United States. For more information on pesticides from the National Agricultural Law Center, click here. More information on the FIFRA registration process is available here.
EPAs 2024 Vehicle Standards EPA derives its authority and mandate to promulgate rules regulating mobile sources like light- and medium-duty vehicles from Section 202 of the CleanAirAct. In 2007, the Supreme Court held in Massachusetts v.
XTO) [ExxonMobil] and Hilcorp Energy Company (Hilcorp) , agreed to resolve alleged CleanAirAct and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania. In separate agreements, XTO Energy Inc. Attorney Eric G.
The Inflation Reduction Act (IRA) and Bipartisan Infrastructure Law (BIL) committed billions of dollars to EV purchase incentives, charging programs, and manufacturing. This year, electrified vehicles constituted about 9 percent of US sales and 25 percent of California sales.
EPA , holding fuel producers had standing—and had specifically demonstrated redressability—to challenge California-specific regulations EPA approved under the CleanAirAct. Read More » Tags: Agency Action , Air , California , CleanAirAct , ClimateChange , D.C.
Supreme Court to shield it from numerous state climate lawsuits filed across the country seeking damages for the harms caused by climatechange harms like the historic, supercharged urban fires burning in Los Angeles. Big Oil has failed to persuade the U.S. City & County of Honolulu v. 7401 et seq. 7401 et seq.
Southern Environmental Law Center, Earthjustice, Public Rights Project, and Lawyers for Good Government filed the challenge on behalf of ECJ grant recipients to seek the nationwide restoration of the program and to require the administration to reinstate awarded grant agreements.
It’s a common misconception that Congress has never passed any climatechange legislation. But it has passed laws regulating two powerful greenhouse gases, and some other climatelaws stretching back over the past five decades. I’ll discuss these laws in chronological order. It’s the basis for the U.S.
A: The CleanAirAct gives EPA the power to regulate emissions from new cars and trucks. But theres an exemption for states that were already regulating vehicle emissions before the CleanAirAct was passed – which only California was doing. Q: That explains EPAs role.
This would ensure that manufacturers are only compliant with the least protective regulation in any given year, including a provision that would actually allow manufacturers to simply buy their way out of compliance with the CleanAirAct, something that is explicitly disallowed under current law.
EPA Supreme Court ruling which held that greenhouse gas emissions are unambiguously air pollutants covered by the CleanAirAct. Attacks on the Endangerment Finding and EPAs CleanAirAct authority from industry interests are nothing new. These impacts worsen social inequities.
Conference of Mayors The CleanAirActs opening provision recognizes that vehicles contribute to dangerous air pollution and that federal leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
Adding-- the use of O&G PWs on Program funded [Dirt & Gravel Road] projects is in opposition with not only the fundamental goals of the Program, but the law that created the Program. The guidelines were administered by DEP under the Clean Streams Law, Solid Waste Management Act and the Oil and Gas Act.
The Fifth National Climate Assessment is equally clear: Human activities are changing the climate. Climatechange is making extreme weather more intense and more frequent. Advances in attribution science also show that climatechange is contributing to worsening some types of extreme weather.
The order says that many States have enacted, or are in the process of enacting, burdensome and ideologically motivated climatechange or energy policies that threaten American energy dominance and our economic and national security. However, at the most basic level, the order gets federalism and environmental law all wrong.
The 2009 endangerment finding has played a foundational role in CleanAirAct regulation of GHG emissions from both mobile and stationary sources. It also rests on Supreme Court precedent, Massachusetts v. EPA , that required EPA to make a science-based determination on the effects of GHG emissions.
Understanding the Endangerment Finding Two requirements must be met before a substance can be regulated under the CleanAirAct. First, it has to qualify as an air pollutant. There, the Court said that EPA had to consider cost when EPA applied a law that authorized EPA to issue appropriate regulations.
Californias power under the federal CleanAirAct to cut pollutants from cars and trucks is unquestionable and longstanding. That will give California a much stronger legal leg to stand on than if the waiver was granted simply to cut greenhouse gases and address climatechange.
We adhere to EPAs long-held core principles that the agency should be apolitical, professional, transparent, and dedicated to following the law and science. Actions that diminish EPAs capabilities will place at risk the quality of the air our children breathe, the water we all drink, and the waterways we swim, fish and play in.
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 24 Jul The Feed: Vol. 3, Issue 14, from July 24, 2025.
Lee Zeldin, the administrator of the Environmental Protection Agency, committed last month to dissolve the agencys scientific research office, reduce the agencys staff by 65 percent, and take 31 actions to kill regulations or programs affecting toxic air emissions and water discharges, climatechange, and waste management.
The Constitution typically empowers (though doesn’t require) Congress to preempt state law in areas where the federal government has and exercises prime authority. It also, of course, violates the core structure of preemption and federalism under the Constitution.
It does not seek to discuss every aspect of Trumps EOs, nor to answer every question about the lawfulness of various provisions, nor to set out the exact mechanics for whats to come. However, aspects of Justice40 and the Biden administration’s focus on disadvantaged communities are embedded in federal laws and programs.
Senate may vote this week to revoke California’s authority under the CleanAirAct to cut pollution from cars and trucks. The Senate vote is on a resolution to use the Congressional Review Act to overturn three separate waivers EPA granted California to cut pollutants from cars and trucks. People died.
Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an EPA decision under the federal CleanAirAct. This legal battle has both a long history and enormous implications for California’s aggressive pollution control and climatechange policies.
Of course, an honest assessment of the latest climate science will show that since 2009 the evidence has become even more compelling and dire. Climatechange, driven by rising heat-trapping emissions, is already causing significant harm to peoples health and well-being and to vital ecosystems.
It is a huge step forward,” UCLA Law Professor Kate Mackintosh told me in an email. Mackintosh is the Executive Director of the UCLA Law Promise Institute Europe in The Netherlands where the World Court is also based. It could also have big impacts on refugee law as the number of climate refugees increases.
EPA has managed to come to the conclusion that carbon emissions from the power sector do not significantly contribute to climatechange. My prior posts ( here and here ) show how EPA’s new endangerment requirement makes little sense given the language of the CleanAirAct and EPA’s prior implementation of the law.
The Advanced Clean Cars II rule would require 100% EV sales in California by 2035 and strengthen tailpipe emissions standards, resulting in an estimated 1,200 fewer deaths fro m air pollution by 2040. The rule required a waiver because it’s stronger than the federal CleanAirAct, and 13 states have already approved similar standards.
Trump set in motion agency efforts to rollback all Biden-era environmental regulations relating to climatechange. But scores of other regulations are in the cross-hairs, such as energy efficiency standards that benefit consumers and a variety of rules that protect cleanair and water. Regulatory rollbacks.
EPA’s 2024 Rule Under section 111 of the CleanAirAct, EPA must establish standards of performance for certain categories of stationary sources that “cause[ ], or contribute[] significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.”
EPA’s 2024 Power Plant Rules EPA is required to regulate power plant emissions under Section 111 of the CleanAirAct. Circuit on May 9, 2024, contending that the final rule “exceeds [EPA’s] statutory authority, and otherwise is arbitrary and capricious, an abuse of discretion, and not in accordance with law.”
The new law includes several provisions typically associated with the Farm Bill, the omnibus spending bill that governs various agricultural and food programs in the United States. In 2022, Congress passed, and President Biden signed the Inflation Reduction Act (“IRA”). Share: Recent Posts The Feed: Vol.
The subsection of the CleanAirAct that directly applies to those regulations does not mention such a requirement. power sector is an insignificant contributor to climatechange? In a series of blog posts, I’ve argued that both of EPA’s contentions are seriously flawed. Here and here.)
EPAs efforts to regulate carbon emissions from powerplants have had a tortuous history, and were about to go through another round, with a rule from a Democratic Administration being repealed and replaced by a Trump rule.
This post offers a high-level state of play for local law and policymakers, community groups, and others working at the subnational level. Pursuant to the CleanAirAct and the 2007 Supreme Court decision in Massachusetts v. Of particular note is EPAs plan to review the Endangerment Finding.
Meanwhile, EPA has posted a roster of nearly 50 coal-fired power plants that took the administrations offer on the Email us for a free pass on compliance with the CleanAirAct. If youre new here, welcome to The Drain, a weekly news roundup of climate and environmental headlines. Deep breath. He joins Ann Carlson, Mary D.
The Ag & Food Law Update > Search Site Navigation About the Center Professional Staff Partners Research by Topic Center Publications Webinar Series State Compilations Farm Bill Resources Ag Law Bibliography Ag Law Glossary Ag Law Reporter General Resources 14 Aug The Feed: Vol. Share: Recent Posts The Feed: Vol.
is claiming that the CleanAirAct preempts state lawsuits from claiming damages for the effects of climatechange because the CAA “displaces the ability of States to regulate greenhouse gas emissions beyond their borders. But it’s the substance of the suits that is even more galling. So by the U.S.
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