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Guidance Is Still Not the Same as Regulation

Law and Environment

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 Clean Air Act that EPA develop guidelines for determining BART.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air. But here’s the thing: CARB itself has the authority to regulate greenhouse gas emissions from dairies.

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

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EPA Announces $1.35 Million Penalty, Settlement With Genesee & Wyoming Railroad Over Clean Air Act Violations

PA Environment Daily

and numerous affiliated companies (collectively, GWRSI) for violation of Clean Air Act (CAA) locomotive regulations. The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”

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Roundup: Biden Administration Revamps Procedures for Reviewing Regulations

Union of Concerned Scientists

In the fourth quarter of 2023, the Biden administration finalized updated procedures for conducting cost-benefit analysis and encouraging public participation in meetings about regulations. When reviewing proposed regulations, OIRA invites public input via meetings that outside parties request to present their views on the topic.

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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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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Investment and incentives for clean technologies under the Inflation Reduction Act. Nuclear power regulation D. FERC pipeline regulation (natural gas and hydrogen). Standing based on climate impacts C.

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