Circle of Blue

SEPTEMBER 28, 2022

Remedies for Harmful Algal Blooms Are Available in Law and Practice They are expensive, in many cases experimental, and take a long time to work. The federal Clean Water Act includes specific provisions to limit pollution from such “point sources” of contamination. But the Platte Lake advocates did not rely on federal law.

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Legal Planet

OCTOBER 18, 2022

The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. Nevertheless, and with the possible exception of the Clean Air Act, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA.

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Clean Water Act Pollution Control Regulations Clean Air Act 165

Greenbuilding Law

AUGUST 20, 2023

As directed by a state law enacted in 2021, as HB 1286, the Colorado Health Department’s Air Pollution Control Division developed the newly finalized standards. However, the regulation is being applauded for providing flexibility for building owners and various pathways for meeting the standards.

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Law 2026 Pollution Control 2030 52

Environmental News Bits

OCTOBER 3, 2023

Read the full story in the National Law Review. The state of Minnesota is seeking comment on rulemaking to implement one of the country’s two broadest per- and polyfluoroalkyl substances (PFAS) in product laws.

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Law Pollution Control Regulations 40

Circle of Blue

OCTOBER 4, 2022

Indiana regulates the underground storage of carbon dioxide. Wisconsin ’s environment agency once again begins drafting rules to limit PFAS pollution. . The company is seeking powers of eminent domain from state regulators. Remedies for Harmful Algal Blooms Are Available in Law and Practice — Circle of Blue. In the News.

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Carbon Dioxide Politics 2022 Climate Change 246

Law and Environment

DECEMBER 23, 2021

On Monday, Boston released a draft of the first phase of regulations intended to implement the amended BERDO ordinance signed by then-Mayor Janey in October. . The first phase of the regulations is focused only on reporting issues. The “informal” public comment period on the draft regulations will remain open until January 14.

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Pollution Control Regulations Air Pollution Natural Gas 130

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? Economists as well as OIRA would count that as a benefit of the regulation.

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Carbon Monoxide Regulations Law Conservation 262

Circle of Blue

DECEMBER 1, 2022

Occasional opposition to local pollution problems and the casual animal cruelty that characterize conventional US dairy, hog, and poultry production did little to alter practices that are embedded in the rural landscape. That may be changing. It’s now being raised as a political issue. As a legal issue. Milking parlor in Lenawee County.

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Clean Water Act 2011 Regulations Waste 360

Circle of Blue

FEBRUARY 15, 2023

Ongoing Battle to Keep Toxic Chemicals at Bay Outdated federal water laws and chemicals that were approved for industry without assessing for risk leave Ann Arbor and other communities struggling to ward off water contaminants before they foul drinking supplies. It’s frustrating,” he said. Since the discovery, Ann Arbor has spent $1.5

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Toxic Substances Control Act Clean Water Act Regulations Pollution Control 278

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 69

Greenbuilding Law

AUGUST 21, 2022

The Maryland Department of the Environment has adopted regulations for the first time requiring the person conducting an environmental assessment, even when they are not the owner of the property (e.g., Noting that these regulations largely regulate the oil and gas industry (e.g., the NPDES program) to be reported to MDE.

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Regulations Pollution Control Government Waste 52

Acoel

MAY 7, 2021

There are also new EJ laws and initiatives at the state level. For instance, last year New Jersey adopted EJ legislation which, when fully operative, will impose new requirements for the issuance of permits or permit renewals for certain types of facilities – including any major air pollution source – in EJ communities.

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Pollution Control Air Pollution Natural Gas Regulations 40

Union of Concerned Scientists

APRIL 11, 2024

Just a year later, however, the industry encountered a potentially major obstacle: A study conducted by the government’s National Air Pollution Control Administration found a link between outdoor NO2 exposure and childhood respiratory problems. Where did the gas industry pick up the finer points of PR disinformation?

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2013 Electricity Natural Gas Fossil Fuels 356

PA Environment Daily

JUNE 3, 2022

The Environmental Quality Board is scheduled to meet on June 14 to vote on a revised final regulation reducing volatile organic compounds and methane emissions from unconventional (shale gas) wells and facilities. In the executive summary of the revised regulation applying to only unconventional shale gas facilities DEP maintains “.Act

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Regulations Ozone Pollution Control 2008 92

PA Environment Daily

JANUARY 26, 2024

This historic announcement shows that we will not sit by while illegal air pollution rains down on nearby communities and the Pennsylvanians who live in them." The settlement also includes approximately $37 million worth of pollution control and plant reliability upgrades to prevent future breakdowns of essential pollution control systems.

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Air Pollution Clean Air Act Pollution Control 2018 107

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.

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Natural Gas Carbon Dioxide Pollution Control Air Pollution 93

Legal Planet

JUNE 30, 2022

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. Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act.

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Carbon Dioxide 2011 Air Pollution Clean Air Act 130

E2 Law Blog

NOVEMBER 23, 2021

Newsom signed into law Assembly Bill 1346 , which will require the California Air Resources Board (CARB) to develop regulations to prohibit engine exhaust and emissions from small off-road engines (SORE), such as lawn mowers, portable generators, and the profusion of other equipment utilizing small gasoline engines for power, by July 1, 2022.

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Legal Planet

FEBRUARY 26, 2024

Herzog (former Emmett/Frankel Fellow at UCLA School of Law 2012-2016) and Sean H. This Rule continues to use the same time-tested, court-affirmed methodology EPA has long used to identify cost-effective pollution controls and equitably allocate reductions among upwind States.

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Clean Air Act Ozone Law Regulations 245

Ohio Environmental Law

FEBRUARY 7, 2021

Remember four years ago when newly elected President Trump promised to dramatically reduce Obama-era environmental regulations? President Trump vowed to eliminate two existing regulations for every newly adopted regulation. APA- Process to Remove/Replace Existing Regulations. Final rule adopting the new regulation.

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Regulations Clean Air Act Air Pollution Pollution Control 40

Environment, Law, and History

OCTOBER 18, 2022

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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Clean Water Act Pollution Control Clean Air Act Ocean 52

PA Environment Daily

JUNE 30, 2022

Environmental Protection Agency's ability to reduce carbon pollution from existing power plants under the federal Clean Air Act. EPA does have authority to regulate carbon dioxide as a pollutant under the federal Clean Air Act and the Court’s ruling did not address that existing authority.

Carbon Dioxide 52

Carbon Dioxide Regulations Clean Air Act Greenhouse 52

PA Environment Daily

JUNE 14, 2022

On June 14, the Environmental Quality Board voted 15 to 3, with one abstention, to adopt Part I of a revised final regulation reducing volatile organic compounds and methane emissions from just unconventional (shale gas) wells and facilities. Representatives of Sen. Gene Yaw (R-Lycoming) and Rep. Daryl Metcalfe (R-Butler) and John St.

Regulations 52

Regulations Radiation Ozone Pollution Control 52

Law Columbia

MAY 28, 2021

Building electrification requirements – at times called “natural gas bans,” including on this blog – are subject to a complicated interplay of federal, state and local law, and many local governments have been found or determined themselves to be preempted from one or more approaches.

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Air Pollution Regulations Fossil Fuels Natural Gas 55

Legal Planet

JANUARY 23, 2023

That bill, introduced in 2001 and passed the next year, told the California Air Resources Board to create such standards using ARB’s special powers under the Clean Air Act to develop more strict air pollution controls for cars than the federal government (explained here ). We were regulating tail pipe emissions.

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Greenhouse Clean Air Act 2001 Pollution Control 130

Union of Concerned Scientists

APRIL 20, 2023

A multi-decade legal history, including four Supreme Court decisions, has led to unimpeachable clarity on this one point: EPA has a statutory obligation to regulate carbon emissions from power plants under Section 111 of the Clean Air Act. So what follows from that obligation? Will EPA use CCS or other means as the BSER?

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Clean Air Act Fossil Fuels Carbon Emissions Clean Energy 193

Circle of Blue

JANUARY 26, 2023

Funded by the Charles Stewart Mott Foundation, the collaborative’s four newsrooms — Bridge Michigan, Circle of Blue, Great Lakes Now, and Michigan Radio — will report on overlooked pollutants as well as legal and institutional barriers preventing achievement of the Clean Water Act’s aspirational goals.

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Clean Water Act Law Regulations 2019 363

Law and Environment

JANUARY 13, 2022

According to Inside EPA (subscription required), the Department of Justice (and the Sierra Club) have opposed Ameren’s Missouri’s motion to allow it to close its Rush Island generating facility early, rather than install otherwise required pollution control equipment. Like Tevye in A Fiddler on the Roof, I’ll tell you. . I don’t know.

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Pollution Control Government Law Regulations 130

Legal Planet

JANUARY 17, 2022

The idea that agencies need especially clear authority for really important regulations is one that the Court’s conservatives invented. That’s something of a red herring, since normally major regulations only happen when the President wants them, as was true of the vaccine mandates. That brings us to the West Virginia case.

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Carbon Emissions Politics Regulations Fossil Fuels 212

Legal Planet

OCTOBER 21, 2021

As an academic, he had sounded a cautious note about government regulation, calling for more deliberation and greater consideration of costs. Breyer also rejected the opposite view that a permit is required any time it’s possible to trace pollutants into some waterbody. On the Supreme Court, however, he’s been a bit of a puzzle.

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Clean Water Act Regulations Pollution Control Conservation 176

Greenbuilding Law

APRIL 25, 2021

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. The new laws compiled below add to that already very green environmental regulatory scheme. Stormwater Management.

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Law 2021 Recycling Regulations 52

Environment, Law, and History

AUGUST 27, 2023

Dan Farber at Legal Planet recently posted on "Cars, Smog, and EPA" An excerpt: For the first 20 years of federal regulation, Congress set the NOx [nitrogen oxides] standards for new cars itself. That’s quite different from the standards for industrial pollution sources, which Congress has always delegated to EPA.

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Nitrogen Oxides Clean Air Act Pollution Control 2004 52

Legal Planet

OCTOBER 10, 2022

Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point. Prior to this new law, the state was required by law to ensure that statewide greenhouse gas emissions be reduced to at least 40% below the 1990 level by 2030. Climate Change Mitigation.

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2021 2022 Sea Level Clean Energy 130

Legal Planet

NOVEMBER 14, 2023

To address these concerns, UCLA School of Law’s Emmett Institute on Climate Change and the Environment and UC Berkeley School of Law’s Center for Law, Energy & the Environment (CLEE) hosted a convening of experts from a variety of industries, including environmental, public health, environmental justice, labor, business, and government sectors.

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Air Pollution 2030 Greenhouse Fossil Fuels 147

PA Environment Daily

MAY 6, 2022

On May 6, Laura Legere of the Pittsburgh Post-Gazette reported the Department of Environmental Protection is re-evaluating the final regulation to reduce methane emissions from oil and gas operations over a 2016 law requiring separate regulations for conventional oil and gas operations. Read more here.

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2016 Regulations Pollution Control Air Pollution 52

PA Environment Daily

MARCH 11, 2022

Republican Senators Doug Mastriano (R-Adams) [also a candidate for Governor] and Scott Hutchinson (R-Venango) announced Friday they plan to introduce legislation to “stabilize energy costs” for Pennsylvanians and do away with “cumbersome taxes, regulations and restrictions” handicapping the state’s energy sector. Right now DEP has a $10.5

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Natural Gas Fossil Fuels Regulations Pollution Control 98

PA Environment Daily

MARCH 12, 2024

DEP said it has the statutory authority in the 1995 law that created the agency, the state Air Pollution Control Act and other laws to establish grant and funding programs to implement the Plan. PA Utility Law Project Webinar On Impacts Of LNG Gas Exports On Energy Costs For Pennsylvania Families. Noon to 1:00 p.m.

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