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In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Here goes: I. Cross-cutting A.
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.
This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
Under the CleanAirAct, 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.
Workers in facilities that produce and use EtO as well as people living near facilities that release it into the atmosphere are at risk of unsafe exposures even when the facilities are using the best available technologies to handle and contain it. Have I been exposed to ethylene oxide?
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. However, the Vehicle Standards do not mandate the use of a particular vehicle technology.
This decision wrongfully precludes the agency’s authority to set robust power plant carbon pollution standards in line with today’s technologies and practices adopted on a sector-wide basis.
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. In virtually all other nations, enforcement of water pollution control and other environmental laws is the sole responsibility of government regulators. (credit: Amazon).
In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air. To CARB, installing digesters is a win-win.
The IRA gave us effective tools for cleaning up the power sector through dedicated support for the rapid and widescale deployment of renewable resources and the technologies that support them. Section 111 of the CleanAirAct constrains how EPA sets standards—but gives states wide latitude in implementation.
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. The post Another Nail In Coal’s Coffin first appeared on Law and the Environment. As Ameren noted in its filing with the Court: .
Most prominently, because the approach is changing from rewarding specific technologies to rewarding anything that meets the greenhouse gas (GHG) emissions threshold of “clean”—hence the “tech-neutral” label—exactly how the government goes about determining whether or not something is actually eligible will be enormously important.
In rejecting Montana’s SIP, EPA repeatedly pointed to Montana’s failure to comply with EPA’s guidelines for determining Best Available Retrofit Technology, even though the guidelines were not enforceable regulations. Congress required in the CleanAirAct that EPA develop guidelines for determining BART.
CT , the Supreme Court said this: We hold that the CleanAirAct 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. In 2011, in AEP v. Connecticut , 564 U. 410 (2011). Post, at 20. at 427–428.
Offsets would be entirely discordant with the intention of 45V, which is specifically designed to incentivize technology and process innovations to enable truly clean hydrogen production. This is the starting point from which all of Treasury’s implementation decisions must follow.
Posted on August 14, 2023 by Steven Miano I recently had the opportunity to speak at a State University of New York (SUNY) conference for a group of exceptional primary and high school Science, Technology, Engineering and Math (STEM) teachers. My presentation was titled: Environmental Disasters that Led to Environmental Laws.
The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Section 60103 creates a “Greenhouse Gas Reduction Fund” (GGRF), which the EPA Administrator can use to make grants for the deployment of zero-emission technologies, and to carry out other greenhouse gas emission reduction activities.
Project Canary is a climate technology company, and we effectively build enterprise-wide emission data platforms, so that operators in the energy space can understand what's going on. Virginia and Tennessee have already done this, and they've done this through the creation of an innovative gas technology approach. ‘So
And this waste—along with drilling and fracking waste--can contain radioactive elements known as “technologically enhanced naturally occurring radioactive material,” or TENORM. Congress must close the oil and gas gaps in our federal laws so that oil and gas companies have to comply with the same laws that apply to other industries.
What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Sponsored Content.
Turner , forthcoming in the Environmental Law Reporter in April 2020, defines LTZs as bounded, geographic areas in which reductions in vehicular traffic are achieved or attempted through legal and policy approaches and surveys the U.S. law questions that arise in connection with the creation of LTZs. CleanAirAct, the U.S.
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.
The Working Group members include-- Co-Chair: Michael Dunleavy, IBEW Local 5 (Retired) Co-Chair: Jackson Morris, NRDC Robert Bair, Pennsylvania Building & Construction Trades Council Tony Seiwell, Laborers’ District Council of Eastern Pennsylvania James Snell, Steamfitters Local 420 Shawn Steffee, Boilermakers Local 154 Franz Litz, Litz Energy (..)
Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the CleanAirAct (RMP). 40 CFR Part 68.
Arguments in the “core legal issues” brief include: The CleanAirAct does not authorize EPA to make such sweeping changes to how electricity is generated and transmitted in the United States. The Clean Power Plan usurps authority given to States by the U.S. Constitution and the CleanAirAct.
Summary: Last week the Supreme Court handed down its second CleanAirAct case of the term, Utility Air Regulatory Group v. Assistant Professor, Vermont Law School. A facility is subject to new source review if it has potential emissions of 100 or 250 tons per year of an air pollutant, depending on the source.
This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a CleanAirAct rulemaking. For example, EPA projected a total of just 4,700 MW of coal capacity retirements under the 2012 Mercury and Air Toxics Standards rule.
Both technology and the shift of fuels have contributed to this trend. However, small datasets and new technologies that remove sulfur dioxide from emissions made it difficult to identify in the data the more recent shift from coal- to natural-gas-fired power plants. We wanted to look at how this trend has affected water quality.”
The IRRC had earlier expressed concern there were not separate final regulations for unconventional and conventional oil and gas facilities as required by a 2016 state law (Act 52). Because these regulations are required under the CleanAirAct, failure to submit them in final form to U.S. Read more here.
Moreno: On August 23, 2011, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that significantly expands the applicable air emissions standards for the Oil and Natural Gas Sector. EPA conducted reviews of both standards as required by the CleanAirAct, and is now proposing changes to each.
By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching CleanAirAct rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug.
The federal CleanAirAct defines an indirect source as any facility, building, structure, or installation, or combination thereof, which generates or attracts mobile source activity that results in emissions of any pollutant (or precursor) for which there is an air quality standard. [6]
During the PAG meeting, Ohio EPA noted that, in the past, the agency has primarily relied on the minimum control measures required under the federal CleanAirAct to meet the NAAQS. Expanding the emissions inspection and maintenance program (i.e.
By Natalie Bencivenga, KDKA Radio -- Scranton Times: Norfolk Southern Repairing Rail Freight Bridge In Scranton -- EPA Adds Fmr Exide Technologies Facility In Berks County To Superfund National Priorities List [PaEN] -- EPA Opens Regional $1.5
The purpose of Ohio EPA’s draft revisions to OAC 3745-21 is two-fold: (1) to satisfy Ohio EPA’s 5-year rule review requirements, and (2) to implement mandatory Reasonably Available Control Technology (RACT) requirements for the Cincinnati and Cleveland 2015 ozone nonattainment areas.
KEEP ALL OPTIONS ON THE TABLE TO REDUCE EMISSIONS Government should not pick winners and losers, but instead support all possible technological options available to avoid, reduce, capture and sequester greenhouse gases. The all of the above approach to clean energy is the principal reason the U.S.
First, EPA’s preferred technology to limit carbon emissions — carbon capture and storage (CCS) — isn’t just pie in the sky. And any claim that EPA has gotten the facts wrong is a perfectly routine administrative law issue, not an extraordinary major legal question.
Government should not pick winners and losers, but instead support all possible technological options available to avoid, reduce, capture and sequester greenhouse gases. The all of the above approach to clean energy is the principal reason the U.S. The federal government plays an important role in technological innovation.
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.
Given that metal shredding operations typically use the same hammermill technology and process the same general scrap metal stream, the VOC emission factors should be reasonably similar. The use of the EPA Audit Policy or a state self-disclosure law should be evaluated prior to initiating this type of review.
Pennsylvania, like much of the world, is in the midst of historic social, political, and economic changes that are putting enormous stresses on our environmental resources and laws. energy technology policy.
This week, the Sabin Center and a group of scientists with expertise on carbon capture and sequestration (“CCS”) technologies submitted comments on EPA’s proposal to weaken the CO 2 performance standards for new coal-fired power plants.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The plan must specifically address how EPA will consider the effects of CleanAirAct regulation on the coal industry. and non-U.S. McCarthy , No.
The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of 2022 (IRA) represent a radical change in federal climate policy. And with divided government at the federal level, these laws may well be the last nationwide legislative actions on climate change for years.
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