Legal Planet

JULY 21, 2022

The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. EPA , which gave EPA authority to regulate greenhouses gases.

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Legal Planet

OCTOBER 26, 2023

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. Timestamp at 2:05:10). Agricultural operations are almost uniquely unregulated.

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Legal Planet

APRIL 3, 2023

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. Nuclear power regulation D. Here goes: I.

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Legal Planet

AUGUST 31, 2023

That means a lot of energy law profs to teach them — many more than we have today. Law schools are waking up to the need to hire in the area. So if you’re thinking of law teaching, it could be worthwhile to dive into this field. About 10% were in the broad area of environmental law, but that was still only 11 people.

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Legal Planet

DECEMBER 11, 2023

These laws are an important step in the right direction. Oil and Gas Regulation One of the big success stories of 2022 was the end-of-session passage of SB 1137 (Gonzalez) , which established a 3,200-foot buffer zone between new oil and gas wells and sensitive receptors like schools, homes, and hospitals.

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Legal Planet

APRIL 16, 2024

Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. It’s definitely complicated — just take a look at CARB’s 400+ pages of regulations. The reason I’m calling this a half-truth, however, is that regulating big industries is inherently complicated. Far from true!

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Legal Planet

MAY 19, 2023

Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over. The Chevron v.

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Legal Planet

MARCH 27, 2023

EPA isn’t a college and doesn’t regulate with the goal of increasing diversity. Under current law, if a regulation refers to race in any way, the government must show that the regulation is narrowly tailored to a compelling government interest. Download as PDF The post When Is It Legal to Consider Race in Regulating?

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Legal Planet

OCTOBER 25, 2021

Cost-benefit analysis is required for all major regulations. A: A few laws explicitly require cost-benefit analysis or at least something along those lines. Those laws are a minority. Q: How does an agency determine the cost of a regulation? Q: Let’s start with a basic question.

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Carbon Monoxide Regulations Law Conservation 299

Union of Concerned Scientists

JULY 17, 2023

States should be heard on transmission When regulators make policy, utilities listen. State regulators can call meetings for utilities to work on the modernization and decarbonization of the grid. Regulators can convene working groups of stakeholders to develop shared interests and goals, answer questions and work on solutions.

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Legal Planet

SEPTEMBER 12, 2022

A month from now, the Supreme Court will hear a case about an animal cruelty law. It’s not an environmental law case, but the ruling could impact the authority of states to address climate change. Cases involving issues like this one are hard to predict because they tend to scramble the usual ideological alliances.

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Regulations Climate Change Fossil Fuels Law 242

Legal Planet

DECEMBER 16, 2021

Energy law used to be an obscure niche subject. Energy law is a hot topic. Law students are thronging to the field, seeing an opportunity to combine social relevance with good-paying jobs. Top law schools are responding by competing for faculty. The post The Renaissance of Energy Law appeared first on Legal Planet.

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Law Fossil Fuels Regulations Electricity 223

PA Environment Daily

APRIL 12, 2024

Act 14 requires applicants to submit notices to municipalities and counties for air quality, water obstruction (Chapter 105), any permit issued under the Cleans Streams Law (including Chapter 102, stormwater, NPDES, many more), any solid waste and hazardous waste, land recycling and water allocation permits. Read more here.

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Legal Planet

OCTOBER 11, 2023

The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. SB 389 is part of a broader initiative by the Legislature–and public interest groups–to reform and update California’s water laws.

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Law and Environment

SEPTEMBER 18, 2023

But on this issue, I support TCEQ’s position, at least insofar as it calls for EPA to undertake a rulemaking to implement CRAs. Because if there’s one thing that’s certain, it’s that, if EPA does promulgate CRA guidance, such guidance will be implemented as though were in effect a binding regulation. Emphasis added.)

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Legal Planet

FEBRUARY 20, 2024

Candidate at UCLA Law (2L) Last week, Assemblymember Dr. Joaquin Arambula introduced AB 2623 , a bill designed to guard California communities against the dangers of transporting carbon dioxide in pipelines. There are some federal regulations, but they leave much to be desired. Guest contributor Jennifer Imm is a J.D.

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Carbon Dioxide Fossil Fuels Regulations Atmosphere 162

Legal Planet

AUGUST 6, 2023

Last week, the California Supreme Court unanimously ruled that an initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., County of Monterey.

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Legal Planet

JANUARY 10, 2023

There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or air pollution. 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 Snohomish County v.

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Legal Planet

APRIL 24, 2023

In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. One set of issues relates to applying existing statutes to climate change. What kinds of interventions does the law allow in order to save a species?

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Carbon Emissions Climate Change Government Law 147

Law and Environment

APRIL 7, 2023

It also released a separate preamble , explaining its thinking and asking for comment on certain identified issues. Given that regulations’ costs are generally incurred early and benefits often accrue over time, the change will significantly improve the benefit/cost ratio for many regulations. It is a very technical document.

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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. Rule 2305 is the Warehouse Indirect Source Rule (ISR) — Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program.

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Clean Air Act Regulations Law 2023 130

Legal Planet

AUGUST 26, 2021

The same is true in environmental law. The issue goes beyond which side wins. 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 regulation’s coverage was at issue.

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Enviromental Defense

APRIL 25, 2024

It was part of the global agreement where 195 countries all agreed to reduce their emissions, and Canada has set this promise into law. Why financial regulation? Regulations are like the guardrails on the highway – they ensure safety and order. The government sets regulations to keep Canadians safe.

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Fossil Fuels Climate Change Paris Agreement Regulations 98

Law Columbia

APRIL 24, 2024

A new report published today by the Sabin Center examines the laws governing international transport of carbon dioxide for sequestration. Much of the report would also be relevant to the shipping of carbon dioxide between other regions, though domestic laws at either end of the trip may also be relevant.

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PA Environment Daily

MARCH 6, 2024

DEP took higher level enforcement actions against 15 other conventional operators for violations, including issuing Field Orders, Administrative Orders and Compliance Orders and obtaining Court Orders, for spills, illegal disposal of waste, creating a health and safety hazards by venting gas and erosion and sedimentation BMP failures.

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Environment, Law, and History

MAY 18, 2023

Karen Tani just completed a fascinating four-part series at Legal History Blog on Guido Calabresi's particular form of law and economics scholarship and its influence on legal thinking.

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Law Regulations 98

The Energy Law Blog

MAY 4, 2023

BSEE’s new regulations focus on Rights-of-Use and Easements (“RUEs”) and predecessor enforcement practices. At a later date, BOEM intends to issue a new proposed rule that addresses risk management, financial assurance, and loss prevention issues that were originally part of the proposed joint rulemaking. 250.1700, et seq. .

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Regulations Ocean 2023 Law 98

Enviromental Defense

MARCH 8, 2024

Instead of informing downstream communities, the Alberta Energy Regulator (AER) helped Imperial cover up the spill for over nine months. Soon after, the AER issued a public notice about the spill on its website, which also mentioned that separate tailings at the same facility had been leaking toxic waste for at least 9 months.

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Regulations Waste Government Environmental Responsibility 138

PA Environment Daily

APRIL 9, 2024

The total civil penalty assessments include $350,000 for air quality violations, which is the maximum civil penalty assessment allowable under the Pennsylvania Air Pollution Control Act, and $764,000 pursuant to Pennsylvania’s oil and gas and solid waste laws. DEP continues to monitor the environmental impacts of the incident.

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Natural Gas Carbon Dioxide Pollution Control Air Pollution 96

SPR Law

SEPTEMBER 14, 2023

On September 12, 2023, the New York City Department of Buildings (DOB) issued proposed regulations to implement Local Law 97 of 2019 (LL97). LL97 requires most large buildings in NYC to meet increasingly stringent greenhouse gas (GHG) emissions limits starting in 2024.

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The Energy Law Blog

FEBRUARY 21, 2024

On December 20, 2023, the Louisiana Department of Environmental Quality (“LDEQ”) issued regulations implementing the state’s first-ever voluntary environmental self-audit program. The regulations also provide for other miscellaneous provisions, such as those relating to confidentiality of documents and prescription of violations.

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Regulations Law Natural Resources 2023 101

PA Environment Daily

APRIL 19, 2023

On April 19, the PA Supreme Court issued a ruling overturning a Commonwealth Court decision that blocked the ability of the Department of Environmental Protection to protect public resources and playgrounds from the adverse impacts of unconventional shale gas well operations. The regulations included Sections 78a.1 Read more here. [In

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Natural Gas Regulations 2016 2020 98

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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Law Regulations Clean Air Act Pollution Control 66

Enviromental Defense

FEBRUARY 8, 2024

The application of excess fertilizer is a practice that must end across the agricultural industry, as it is a key contributor to the persistent issue of toxic algae blooms in freshwater ecosystems. Despite these laws, excess nutrients make their way into the watershed year-round, including in the wintertime.

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Regulations Government Environmental Protection Waste 122

Law Columbia

NOVEMBER 6, 2023

City of New York , a 2022 lawsuit brought by a group of cooperative apartment and other building owners seeking to invalidate Local Law 97 of 2019 , New York City’s building performance standard to reduce greenhouse gas emissions from the City’s largest buildings. The court holds that the CLCPA does not preempt Local Law 97.

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Law Government Greenhouse Regulations 134

The Energy Law Blog

NOVEMBER 28, 2022

The Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15, 2021, amended Section 40307 of the Outer Continental Shelfs Act (OCSLA) to provide authority to the U.S. However, the DOI’s proposed implementing regulations authorized by the IIJA have yet to be issued for public comment.

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Environmental News Bits

AUGUST 30, 2023

Read the full story in the National Law Review. On several occasions, we wrote regarding a Michigan state court ruling that struck down Michigan’s PFAS regulations related to drinking water enforceable limits, with the ensuing appeal in December 2022 by the state.

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