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EPA’s Email Does Not Constitute A Final Agency Action, Tenth Circuit Finds

MGKF Law

United States Environmental Protection Agency , No. Read More » Tags: Administrative Appeals , Air , Clean Air Act , Federal Jurisdiction , Procedure , Tenth Circuit 22-9530 (10th Cir. July 5, 2023), the Honorable Scott M. Matheson, Jr. Matheson, Jr.

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Eleventh Circuit En Banc Elaborates upon Express Preemption Analysis in Recent FIFRA Decision

MGKF Law

” Read More » Tags: Eleventh Circuit , Federal Insecticide, Fungicide, and Rodenticide Act , FIFRA , Georgia , Preemption , Toxic Torts

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EPA to Regulate Hazardous Air Pollutants From Power Plants Under Michigan Factors

MGKF Law

In the now final rule, EPA has revoked an earlier action taken in 2020, in which the agency declined to regulate HAP emissions from EGUs after comparing the costs of compliance relative to the benefits of regulation, relying at the time on the Supreme Court’s decision in Michigan v. 13956 (Mar. EPA, 576 U.S. 743 (2015).

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Adapting to climate change will only get more expensive

A Greener Life

Photo credit: USAID US Agency for International Development via Wikimedia. But if society acts early, this price tag could be cut by up to 30-fold. They projected the price tag under three scenarios: no adaptation, reactive adaptation, and proactive adaptation. By Michael Allen.

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Commonwealth Court of Pennsylvania Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency Actions

MGKF Law

In doing so, the Court held that Section 717r(d)(1) of the federal Natural Gas Act, which provides that federal courts have exclusive jurisdiction over “civil actions” for review of an approval or denial of a permit or approval required by federal law, does not preclude state administrative agency review of state permitting decisions.

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Farms in Six Southeast Michigan Counties Are Major Sources of Lake Erie Toxic Blooms

Circle of Blue

It’s an invaluable story for understanding why harmful algal blooms persist, why government spending is aimed at responses that aren’t working, and what actions could change that outcome. . Government agencies, nevertheless, are trying. That figure is consistent with the price tag for clearing American waters of contamination.

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Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act

MGKF Law

Rather, Section 1365 states that “any citizen may commence a civil action on his own behalf. against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution).” ” 33 U.S.C. § § 1365.