Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Environmental and Policy Focus - Heat, drought worsen smog in California, stalling decades of progress: Los Angeles Times - Nov 10:
Heat and extreme drought have worsened smog in California over the last year, stalling...more
Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4:
Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more
State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more
Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31:
The 9th Circuit Court of Appeals affirmed a district court ruling...more
Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17:
Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more
Army Corps Drops Regional Permit -
The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more
A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include:
For many years, a number of state air regulations, including certain MEDEP, NHDES, and RIDEM regulations, have contained exemptions and/or affirmative defenses for excess air emissions occurring during startup, shutdown...more
The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory standards are in place, but access to, enforcement and...more
The MN PUC held a hearing on September 4, 2014, to address the impending investigation of social costs of pollutants under Minn. Stat. § 216B.2422 subd. 3 (known as externalities values). First established in the late 1990s,...more
Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. -
Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more
The Ninth Circuit has affirmed the dismissal of claims by environmental groups attempting to characterize air emissions from California railyards as “disposal” of waste under the Resource Conservation and Recovery Act (RCRA)....more
The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters.
A new wave of state common law air pollution...more
The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants.
“Final actions” of the EPA under the Clean Air Act are subject to direct review by a United States Court of Appeals. 42 U.S.C. § 7607(b)(1). In a decision issued on July 3, 2014, in Luminant Generation Company, LLC v....more
In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of...more
“When I was asked if I might speak about the use of LNG as fuel for ships, two thoughts came to mind.
Firstly, the old Latin maxim: volenti non fit injuria. Or in my vernacular: “well, you asked for...more
In Citizens Against Airport Pollution v. City of San Jose, No. H038781 (Cal. Ct. App. 6th Dist., June 6, 2014), Citizens Against Airport Pollution (“CAAP”) appealed the trial court’s ruling that the City of San Jose’s...more
Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit -
Why it matters:
In answering certified questions from the Ninth Circuit, Nevada joined...more
On May 30, 2014, the U.S. Court of Appeals for the District of Columbia Circuit nullified an EPA Directive that attempted to reassert its “functional interrelationship” standard for aggregating air pollution sources. This EPA...more
In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more
On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more
In a case of interesting timing, three days after EPA announced its proposed GHG rules for existing facilities, the D.C. Circuit affirmed dismissal of a case seeking an injunction against EPA and other federal defendants...more
The House Energy & Commerce Committee’s Subcommittee on Energy and Power announced that it will hold a hearing to review the Environmental Protection Agency’s proposal to regulate carbon dioxide emissions from existing power...more
We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors.
On June 2, 2014, EPA released its long-anticipated proposal to...more
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