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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MGKF Law

SEPTEMBER 28, 2023

On September 14, 2023, in Conservation Law Foundation v. Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found.

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Law Columbia

JANUARY 25, 2022

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).

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MGKF Law

FEBRUARY 22, 2023

That federal agencies enjoy numerous advantages in defending against legal challenges to their administrative decision-making is a fact of administrative law. Read More » Tags: Administrative Appeals , Citizen Suit , Clean Air Act , Sixth Circuit , Standing Sierra Club et al.

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MGKF Law

SEPTEMBER 28, 2023

On September 14, 2023, in Conservation Law Foundation v. Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found.

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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. Attorney Chung.

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Environment, Law, and History

JANUARY 12, 2023

He also goes on to state that "The 1960s were also Congress’s first forays into issues like air and water pollution, wilderness protection, and the endangered species. " Even allowing for methodological nationalism and the focus on the unrepresentative Supreme Court, this is all rather strange.

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Union of Concerned Scientists

MARCH 14, 2023

But the oral comments also included several speakers representing the industries producing a substantial amount of this deadly air pollution. Their main arguments include two disturbing tactics that come straight out of the disinformation playbook : casting doubt on the science, and pressing the EPA to violate a law passed by Congress.

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Law and Environment

APRIL 10, 2024

Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. On Tuesday, in Ohio v. EPA , the D.C. It’s definitely a win for EPA. I guess where you stand depends on where you sit. The post The D.C.

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2025 Clean Air Act Fossil Fuels Regulations 130

Legal Planet

AUGUST 7, 2023

Are the lawsuits preempted by federal law? In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

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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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Law and Environment

AUGUST 18, 2023

Congress required in the Clean Air Act that EPA develop guidelines for determining BART. The EPA’s final rule confirms that the agency treated the guidelines as binding for Wyodak and disregarded the state’s broad discretion under the Clean Air Act. The role of the BART guidelines is a curious one.

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Legal Planet

AUGUST 26, 2021

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

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Acoel

AUGUST 14, 2023

My presentation was titled: Environmental Disasters that Led to Environmental Laws. This presentation reminded me of how our environmental laws in this country have been enacted. As many of us know well, most major federal environmental laws were enacted on the heels of major environmental disasters. appeared first on ACOEL.

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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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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 post IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions first appeared on Law and the Environment.

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Acoel

MAY 24, 2023

Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. 8, the Texas abortion bounty statute. Supreme Court reversed Roe v. Wade in 2022.

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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. first appeared on Law and the Environment. It’s difficult to call this Court conservative. Of course, it was Chief Justice Marshall who said that.

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Law and Environment

MARCH 9, 2024

Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief first appeared on Law and the Environment. My guess is that EPA will delay a decision on that question until after the 2024 elections, but my guesses have been wrong before. Stay tuned on this one. The post The D.C.

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PA Environment Daily

JANUARY 26, 2024

On January 26, PennEnvironment and Clean Air Council announced they will file in U.S. District Court on Monday a proposed consent decree in settlement of their federal Clean Air Act lawsuit against United States Steel Corporation. The agreement mandates that U.S. Most of the penalty money ($4.5

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Clean Energy Law

DECEMBER 21, 2023

A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. labor laws). [15]

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National Law Center

AUGUST 11, 2022

The post Ag and Food Law Daily Update: August 11, 2022 appeared first on National Agricultural Law Center. A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .

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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

JANUARY 10, 2023

It was only once that shift was made that we could begin to think of contaminated rivers, smog, and clearcutting as part of the same body of law. In other words, it was only then that we could in terms of “environmental law” rather than distinct bodies of rules governing a scattering of different situations.

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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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The Energy Law Blog

DECEMBER 20, 2023

In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” s claims were still grounded in that supplanted common law.

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Law and Environment

DECEMBER 17, 2021

The post Another Nail In Coal’s Coffin first appeared on Law and the Environment. As Ameren noted in its filing with the Court: . Retiring Rush Island early will have a much more beneficial environmental impact, on a far shorter timeframe, than installing wet flue gas desulfurization (“FGD”) technology and continuing operations.

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Legal Planet

SEPTEMBER 6, 2022

Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The law also includes funding for offshore wind energy and electricity grid improvements, as well as incentives for electric vehicles and appliances.

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Law and Environment

MARCH 10, 2022

EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA. Time to get to work.

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Union of Concerned Scientists

MAY 2, 2023

According to scholar and advocate Dr. Robert Bullard, “environmental justice embraces the principle that all people and communities have a right to equal protection and equal enforcement of environmental laws and regulations.”

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E2 Law Blog

APRIL 21, 2023

Several offices of global law firm Greenberg Traurig, LLP are celebrating Earth Month and Earth Day through participation in events around the world. Earth Day was created in 1970 by Senator Gaylor Nelson to draw attention to ongoing issues with toxic air and waste. Greenberg Traurig is a member of the U.S.

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Law Columbia

MARCH 29, 2024

Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime. Preemption of a state law arises under the Supremacy Clause in the Constitution.

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Union of Concerned Scientists

MARCH 12, 2024

In 1966, vehicles were responsible for nearly 60 percent of the 146 million tons of pollutants discharged into the air across the United States. EN: Back in 2021, Congress passed the Bipartisan Infrastructure Law , which included the largest federal investment in public transit in history of $109 billion over 5 years.

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Law and Environment

NOVEMBER 1, 2021

On the other hand, government regulation is about making hard choices – and the structure of the Clean Air Act leaves us without a mechanism to make those hard choices. first appeared on Law and the Environment. Otherwise, the phrase “adequate margin of safety” would have little meaning.

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Union of Concerned Scientists

OCTOBER 6, 2022

For each of these separate governmental rulemaking processes, public comments will be accepted, and all substantive comments are required by law to be considered by the agency. EPA plans to issue a Clean Air Act rulemaking for commercial sterilizers later this year and for other chemical facilities soon, as well.

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The Energy Law Blog

JULY 23, 2013

According to GenOn, EPA’s action offended the cooperative federalism structure of the Clean Air Act by undermining a state’s power to determine how to achieve air control standards. at 27 (quoting 42 U.S.C. 7426(c)).

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Union of Concerned Scientists

SEPTEMBER 22, 2023

MCAP, in partnership with the Southern Environmental Law Center (SELC), petitioned the county health department to use its emergency powers to limit emissions from the facility. We also estimated that EtO emissions contributed to more than 80 percent of the cancer risk attributable to toxic air pollution around the facility.

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