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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.
EPA , clarifying the tripartite framework for determining venue in CleanAirAct (“CAA” or “Act”) litigation. Read More » Tags: Agency Action , Air , CleanAirAct , D.C. On June 18, 2025, the Supreme Court decided EPA v Calumet Shreveport Refining, LLC et al. ,
Argument #3: The Court should narrow the scope of NEPA case because it was passed before the enactment of a bevy of other environmental statutes like the CleanAirAct. This is a weird argument for two reasons. First, all the conservatives on the Court say they are textualists.
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the CleanAirAct (CAA), it’s a different story entirely.
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.
These penalties are in addition to a $670,000 civil penalty DEP accessed against Shell Falcon Pipeline and its contractor Minnesota Limited LLC for violations of its permit and other laws and regulations that occurred in 2019 and 2020 during pipeline construction. Read more here. Read more here. Decrease To 31.2%
In Conservation Law Foundation, Inc. Academy Express, LLC , the Conservation Law Foundation brought a private right of action under the CleanAirAct, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut.
That provision is not unique, and indeed it looks like House Republicans are trying to develop a new tool to use reconciliation (which can avoid a Senate filibuster) to alter substantive law. To be able to avoid any restrictions under the CleanAirAct? Similar pay to play provisions exist elsewhere in the bill.
If successful, the effort would represent the first time a states preemption law on natural gas restrictions for buildings was overturned or repealed for any reason, litigation included. It’s worth noting how I-2066 differs from other states preemption laws. State preemption of local law is difficult to meaningfully combat.
Last Thursday, May 22, the New York State Court of Appeals the States highest court issued a decision upholding New York Citys Local Law 97 of 2019. Local Law 97 is one of the countrys most ambitious municipal climate policies, requiring the Citys largest buildings to comply with increasingly stringent greenhouse gas (GHG) emissions limits.
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.
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”).
require a petition to meet three criteria in DEP’s initial review-- -- Petition must be complete; -- Petition requests an action that can be taken by the EQB [within its statutory authority]; and -- The action does not conflict with federal law. DEP’s determination means the petition has met these three criteria, at this stage.
Other Air Quality Standards, Redesigned An Air Quality Maintenance Area DEP Sets Aug. Of Health Distributing Free Potassium Iodide Tablets To Residents Near PA’s 4 Operating Nuclear Power Plants Aug. 14 EPA: Liberty-Clairton In Allegheny County Makes Progress In Meeting PM2.5, 20, Crawford County; Annual Dinner Sept.
These reductions would put EPA back to its resources in 1980, before the implementation of critical new or expanded programs such as Superfund, key controls on hazardous waste, and important programs under the CleanAirAct and the Toxic Substances Control Act. Resource Links: -- EPA Alumni Assn.:
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.
However, the court disagreed, concluding that Swampbuster is a valid exercise of Congress’s spending power and that the law should be upheld. Share: Recent Posts Federal Court Finds Swampbuster Constitutional NALC news release: National Ag Law Center webinar to examine U.S. 5 U.S.C. §
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.
But it has passed laws regulating two powerful greenhouse gases, and some other climate laws stretching back over the past five decades. I’ll discuss these laws in chronological order. Only laws that specifically cover climate or greenhouse gases are included. Climate first cropped up in the CleanAirAct of 1970.
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.
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.
The Courts language is worth a careful look: “The holdings of those cases that specific agency actions are lawfulincluding the CleanAirAct holding of Chevron itselfare still subject to statutory stare decisis despite our change in interpretive methodology. Courts also have a duty to correctly follow the law.
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.
But today the Supreme Court declined that request to review whether federal law prevents states and cities from suing the companies. In their appeal, the oil companies argued that the Hawaii Supreme Court erred by finding the case was not preempted by federal laws. City & County of Honolulu v. 7401 et seq. 7401 et seq.
The webinar is the latest installment in the NALC’s “Western Water” Webinar Series, which highlights pressing water law issues in the Western United States. NALC Director Harrison Pittman said the “Western Water” Webinar Series plays an important role in sharing legal insight on water law across the country.
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.
Judges, policymakers, and advocacy groups have all recognized the potential that ISRs have to empower local air districts and states to better comply with the federal CleanAirAct and related state statutes, meet ambitious emission reduction targets, and reduce harms to community health.
Supreme Court, not the wind or solar industries, that forced the EPA to act on the basis of existing law, the CleanAirAct. Wind and solar are clean energy. And while Wright claims labelling CO 2 as pollution is a marketing tactic, it was the U.S.
It calls out Californias long-standing greenhouse gas cap-and-trade program, as well as New Yorks and Vermonts recent laws reinforcing the right to hold major emitters responsible for climate impacts they have contributed to, as illegitimate impediments to American energy. As noted, these restrictions are narrow, clear, and widely understood.
The 2009 endangerment finding has played a foundational role in CleanAirAct regulation of GHG emissions from both mobile and stationary sources. As the court noted, the CleanAirAct only requires a finding that the air pollution at issue may reasonably be anticipated to endanger public health or welfare.
The OBBB Act ushers in a consequential shift for local governments and community groups building clean energy projects, investing in electric vehicles (EVs) and, in some instances, navigating IRA grant programs. The new law is sprawling, at more than 800 pages.
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. And because a number of other states follow the California standards as federal law authorizes , a large portion of the country will follow these important programs.
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.
California is allowed to set standards stronger than the federal government under the 1970 CleanAirAct provisions in recognition that CA, and many other states which have adopted CA standards , serve an important role as laboratories of innovation controlling air pollution in novel ways. In the U.S., auto industry.
Plan, President Keeps Chipping Away At Foundational Environmental Law New Federal Administration -- Utility Dive: US Dept. So Far This Year [PaEN] -- Spotlight PA: Why Pennsylvanians May See Higher Electric Bills This Summer And Next [PJM Auction, A.I. 23 Pollinator Pathway Movement - BEE In On It! Organizers Of Upcoming Sept.
For example, the 1990 amendments to the CleanAirAct cleared sulfur dioxide and mercury from coal-fired electrical plant air emissions. In the 21 st century new provisions in law and incentives designed to slow climate change have yielded a clean energy and clean vehicles production industry that is generating new jobs.
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.
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