Energy & Environmental Law Blog

Energy & Environmental Law Blog

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Tag Archives: Clean Air Act

AEP v. Conn – No GHG Nuisance Claim

Posted in Environment
The Supreme Court issued its ruling today in the long-awaited climate change nuisance suit.  The Court concluded that federal common law nuisance claims cannot be brought against utilities for their greenhouse gas emissions.  In an 8-0 decision, the Court ruled that the Clean Air Act and rules authorized by the Act displace the federal common law cause of action and that… Continue Reading

Proposed Consent Decree Filed on Residual Risk Standards

Posted in Environment
According to the provisions of a proposed consent decree filed July 6 (Sierra Club v. Jackson, N.D. Cal., No. 09-152), USEPA will issue residual risk emissions standards to address the risk posed by hazardous air pollutants emitted by 28 industrial source categories that have already had MACT standards issued. Under the terms of the proposed… Continue Reading

Ohio EPA Violated Clean Air Act

Posted in Environment
The United Stated District Court for the Southern District of Ohio ruled on February 2, 2010 that the Ohio EPA was in violation of the Clean Air Act by improperly exempting from regulation businesses that emitted less than 10 tons per year of certain air pollutants.  A copy of the case can be found here.… Continue Reading

EPA Announces More Stringent Emissions Limits for Sulfur Dioxide

Posted in Environment
Climate change is not the end-all-be-all of regulating our air, says EPA. Yesterday, the EPA announced a proposed rule that will change the primary National Ambient Air Quality Standards for sulfur dioxide.  This rule would eliminate the current 24-hour and annual standards and replace them with a new, more stringent, one-hour standard of between 50 and… Continue Reading