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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

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.

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PennEnvironment, Clean Air Council Win Record $42 Million Air Pollution Settlement Covering 3 US Steel Facilities In The Mon Valley, Pittsburgh

PA Environment Daily

District Court on Monday a proposed consent decree in settlement of their federal Clean Air Act lawsuit against United States Steel Corporation. Steel will pay a $5 million penalty -- by far the largest in a Clean Air Act citizen enforcement suit in Pennsylvania history, and one of the three largest ever nationally.

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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

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. One critical tool for forcing that reckoning comes from the Environmental Protection Agency (EPA).

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The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Law Columbia

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.

Law 69
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Catch 22 at the Supreme Court

Legal Planet

CT , the Supreme Court said this: We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. Regulating power plant emissions is a complex undertaking. at 528–529. Now, in West Virginia v.

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More on the Clean Water Act at 50

Environment, Law, and History

An excerpt: The CWA as enacted a half-century ago was enormously ambitious and, with the benefit of hindsight, quite naive: in the law’s legislative findings, Congress declared that “it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985.” That obviously did not, and will not, happen.

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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

Legal Planet

Is EPA’s new climate rule a sneaky effort to eliminate coal or a valid pollution standard? Some new arguments made by EPA convince me that it’s pursuing a time-tested approach to pollution control. Simply put, the Inflation Reduction Act has made CCS an economically feasible technology.