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Clean Air Act

The Latest On: Clean Air Act

October 22, 2018 | Feature

Insider Briefing: Meet Abigail Dillen

New President Abigail Dillen discusses her vision for Earthjustice’s future as the organization battles the assault on environmental safeguards and pushes for a rapid shift to 100% clean energy.

September 27, 2018 | Legal Document

Uinta Basin Lease Challenge

This case challenges the Bureau of Land Management’s (“BLM”) decisions to issue 121 oil and gas leases covering 117,720.59 acres in northwest Colorado and northeast Utah without considering how the air pollution from developing the leases will adversely impact public health, the environment, and treasured public lands like Dinosaur National Monument.

September 21, 2018 | Legal Document

Petition for Review: National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry Residual Risk and Technology Review

Pursuant to Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Rule 15 of the Federal Rules of Appellate Procedure, and D.C. Circuit Rule 15, Downwinders at Risk and Sierra Club hereby petition this Court for review of the final action of Respondents U.S. Environmental Protection Agency and Acting Administrator Andrew Wheeler, announced in a Federal Register notice published at 83 Fed. Reg. 35,122 (July 25, 2018) and titled “National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry Residual Risk and Technology Review.”

September 18, 2018 | Legal Document

Complaint: PM2.5 Deadline

This action is brought under the federal Clean Air Act, 42 U.S.C. §§ 7401–7671q, to compel the U.S. Environmental Protection Agency to take the statutorily required action of making findings under 42 U.S.C. § 7410(k)(1)(B), and publishing notice of those findings in the Federal Register, that the State of California has failed to develop and submit at least four separate nonattainment state implementation plan revisions to combat persistent violations of the 1997, 2006, and 2012 National Ambient Air Quality Standards for fine particulate matter in the San Joaquin Valley, California.

August 31, 2018 | Legal Document

Joint NGO Comments Bad Neighbor Rule

Comments of Earthjustice, Sierra Club, Appalachian Mountain Club, Environmental Defense Fund, Chesapeake Bay Foundation, Environmental Law And Policy Center, Clean Air Task Force, Downwinders At Risk, NAACP, and Texas Environmental Justice Advocacy Services on EPA’s Proposed Bad Neighbor Rule

August 23, 2018 | Legal Document

Comments Chemical Disaster Rule Rollback

On May 30, 2018, the U.S. Environmental Protection Agency (“EPA”) published in the Federal Register a proposed rule entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 83 Fed. Reg. 24,850 (May 30, 2018) (the “Rollback Rule”). The Rollback Rule would rescind or weaken almost all of the chemical disaster prevention and mitigation measures previously adopted by the agency in its January 2017 final rule, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 82 Fed. Reg. 4594 (Jan. 13, 2017) (the “Chemical Disaster Rule”). Comments on the Rollback Rule were originally due July 30, 2018, but EPA extended this deadline to August 23, 2018, pursuant to a Notice of Data Availability. See “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Notification of Data Availability and Extension of Comment Period,” 83 Fed. Reg. 34,967 (July 24, 2018). The undersigned groups submit the following comments to oppose EPA’s proposed Rollback Rule. For reasons discussed herein and provided in the D.C. Circuit’s decision vacating EPA’s 2017 Delay Rule, EPA should withdraw, and not finalize, the proposed Rollback Rule. See Air Alliance Houston et al. v. EPA, No. 17-1155, Slip Op. (D.C. Cir. Aug. 17, 2018).

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