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Marten Law: EPA Proposes New Rules for Power Plant Emissions

By Dustin Till, Associate, Marten Law Group PLLC “A new rule proposed by the Environmental Protection Agency (EPA) would regulate emissions from coal-fired power plants in Eastern and Midwestern states. Known as the Transport Rule, EPA's proposed regulation replaces EPA's Clean Air...

Federal Government Urges Supreme Court Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Because some ships may be less carbon intensive than others, customers can influence emissions

"If the shipping industry were a country, it would be the sixth-biggest industrial carbon emitter in the world. Whereas big countries have plans for cutting emissions, shipping does not. The UN climate talks in Cancún are unlikely to change that. But customers, who indirectly pay for shipping...

Composition of diesel exhaust varies with engine loading, producing differential health impact characteristics from the emissions

As noted in several prior posts, the study of the impact on diesel exhaust has focused on the PM10 and PM 2.5 profiles of the emissions. Recently, researchers argued that this view is too simplistic, and present an interesting study in support of their view. The researchers analyzed the composition...

Major Changes Proposed for Shale Gas Fracking

By Dianne Saxe, Ontario Environmental Lawyer Advisors to US Energy Secretary, Stephen Chu, have recommended major changes to improve regulation and environmental performance of shale gas fracturing (fracking) in the US. Public consultation is continuing, and the final report will be released in November...

Effects of New NOx RACT Rules

By Marc Karell, P.E., CEM, Principal, Climate Change & Environmental Services, LLC Virtually all states that have nonattainment areas for ozone have passed a rule called nitrogen oxide (NO x ) Reasonably Achievable Control Technology (RACT). NO x is a precursor for ground-level ozone formation...

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State, ex rel. Ohio Attorney General v. Shelly Holding Co...

Court Denies Rehearing of Decision Overturning CSAPR

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate transport of pollutants emitted by electric generating...

Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer of corn syrup...