Your path: Home) Archive Page) Subjects) Topics) Air Quality Administration June 2009: California Office of Planning and Research Submits Proposed CEQA Guidelines for GHG Emissions to State Resources Agency to Begin Rulemaking Process Agriculture April 2003: EPA to Require Clean Air Act Title V Permits for State's Stationary Sources: Is California's Agricultural Industry a Harbinger of Future Regulation Nationwide? Air Pollution Offset Credits December 2009: California Appellate Court Invalidates Regional Air Quality District’s Rule Allowing Air Pollution Offset Credits California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, ___Cal.App.4th___ E046687 (4th Dist. Oct. 30, 2009) Asbestos March 2006: Kentucky Is a “One-Disease” State for Toxic Exposure Combs v. Albert Kahn & Associates Inc. 2004-CA_002178-MR (Ky. App. Jan. 1, 2006) May 2005: Second Circuit Rejects ‘Insular Religious Community’ Defense for Criminal Asbestos Violations United States v. Marvin and Isaac Rubenstein, ___F.3d___ 03-1721 (March 31, 2005) December 2004: California Court of Appeal Upholds Asbestos Emissions Standards Coalition for Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Board, ___Cal.App.4th___ C041897 (Cal. App. Oct. 1, 2004) March 2003: Second Circuit Remands for Resentencing Conviction for Clean Air Act Violations United States v. Thorn ___F.3d___, Case Nos. 011669 and 02-1046 (2nd Cir. Jan. 9, 2003). July 2002: Third Circuit Vacates Clean Air Act Prison Sentence but Holds Majority of Sentence Enhancements Warranted. United States v. Chau, Case No. 00-2720 ___F.3d___, (3rd Cir. June 4, 2002) November 2001: In Two Separate Matters, Illegal Asbestos Removal Draws Criminal Prosecution and Sactions United States v. Construction Personnel, Inc et al. Building and Construction July 2003: New Air Quality Plans Could Complicate Efforts to Control Water Discharge at Construction Sites California Environmental Quality Act January 2010: Fourth District Finds Local Agency Failed to Demonstrate Application of ‘Class 8’ CEQA Exemption to Passage of Air Pollution Offset Rule California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, 178 Cal.App.4th 1225 (4th Dist. 2009) Carbon Dioxide September 2004: States and Environmental Groups Allege Global Warming as a Public Nuisance in Suits against Power Companies. State of Connecticut, et al. v. Am. Elec. Power Co., et al., Case No. 04-05669; Open Space Inst., Inc., et al. v. Am.Elec. Power Co., et al. 04-05670 (filed July 21, 2004, S.D. N.Y.) Carbon Monoxide March 2003: Pennsylvania Superior Court Finds Carbon Monoxide Is a Pollutant for Pollution Exclusion Purposes Matcon Diamond Inc. v. Penn National Insurance Co Case No. 186 WDA 2002 (Super. Ct. Penn. Jan. 17, 2003) Chlorofluorocarbons October 2001: EPA and U.S. Customs Combine Forces to Thwart Multi-Million Dollar Conspiracy To Illegally Import Ozone-depleting Materials into the U.S United States v. Himes, et al. ___F.Supp.2d.___, (D. Conn., indicted July 30, 2001). Civil Enforcement Actions August 2006: Recent Investigations, Settlements, Penalties and Sanctions April 2006: aaa aaa aaa October 2005: Recent Investigations, Settlements, Penalties and Sanctions Common Law Nuisance April 2008: Fourth Circuit Finds North Carolina’s Common-Law Nuisance Suit Can Proceed against Tennessee Valley Authority for Air Pollution Emissions North Carolina v. Tennessee Valley Authority, ___F.3d___ 06-2131 (4th Cir. Jan. 31, 2008) Criminal Enforcement Actions November 2005: Recent Investigations,Settlements, Penalties and Sanction Criminal Liability March 2003: Ninth Circuit Rejects Double Jeopardy Claim for Clean Air Act Enforcement United States v. Price 314 F.3d 417 (2002). March 2003: Second Circuit Remands for Resentencing Conviction for Clean Air Act Violations United States v. Thorn ___F.3d___, Case Nos. 011669 and 02-1046 (2nd Cir. Jan. 9, 2003). July 2002: Third Circuit Vacates Clean Air Act Prison Sentence but Holds Majority of Sentence Enhancements Warranted. United States v. Chau, Case No. 00-2720 ___F.3d___, (3rd Cir. June 4, 2002) November 2001: In Two Separate Matters, Illegal Asbestos Removal Draws Criminal Prosecution and Sactions United States v. Construction Personnel, Inc et al. October 2001: EPA and U.S. Customs Combine Forces to Thwart Multi-Million Dollar Conspiracy To Illegally Import Ozone-depleting Materials into the U.S United States v. Himes, et al. ___F.Supp.2d.___, (D. Conn., indicted July 30, 2001). Criminal Penalties March 2002: Ninth Circuit Limits Class of Individuals Subject to Criminal Penalties for Failure to Remove Asbestos According to Clean Air Act Regulations United States v. Thomas Pearson 274 F.3d 1225 (9th Cir.Dec.18,2001) De Minimis Particulates May 2001: Ninth Circuit Upholds Phoenix Federal Implementation Plan Exempting De Minimis PM-10 Sources Ober v. Whitman ___F.3d___,Case No.98-71158 (9th Cir. Mar. 23, 2001) Dust August 2008: Los Angeles DWP Files Fraud and False Claims Action against Owens Valley Dust Mitigation Contractor City of Los Angeles v. CH2M Hill, Inc. CV08-04154, filed, June 24, 2008 (C.D. Cal.) January 2002: Los Angeles Teams Up with Local Air Pollution Control District to Improve Owens Valley Air Quality Emission Reduction Credits August 2003: California Court of Appeal Affirms Air District Is Immune from Liability for Miscalculating Amount of Farm’s Emission Reduction Credits Jopson v. Feather River Air Quality Management District ___Cal.App.4th___, Case No. CO41927 (Cal. App. May 2, 2003). EPA Regulations February 2001: D.C. Circuit Rejects EPA Regulations Regarding Emissions from Portland Cement Manufacturers National Lime Association v. EPA ___F.3d___,No.991325A (D. C. Cir. Dec. 15, 2000) Fines and Penalties February 2001: DoJ and EPA Settle Huge Clean Air Act Case against Cinergy Corporation; Cinergy Agrees to Pay $1.4 Billion on Air Pollution Reduction Measures and an $8.5 Million Fine United States v. Cinergy Corp. IP 99-C-1693-MLS (D. Ind. 2000) Fluoride July 2004: District Court Dismisses as Time-Barred Claims for Damage Allegedly Caused by Air Pollution. Mest v. Cabot Corporation, ___F.Supp.2d___ 01-4943 (E.D. Penn. April 29, 2004). General March 2002: State Bond Measure Totaling $ 2.6 Billion to Appear on March Ballot Geological Sequestration May 2008: U.S. EPA Developing Rules for Underground Storage of Carbon Dioxide with Implications for Drinking Water Quality Global Warming February 2008: California Sues EPA for Permission to Regulate Greenhouse Gas Emissions from Motor Vehicles California v. U.S. EPA, filed Jan. 2, 2008, (9th Cir.) February 2007: Global Warming Reaches California Regulatory Agencies and Courts—and You November 2005: New York District Court Says Global Warming Is a Non-Justiciable Political Question Connecticut. v. Am. Elec. Power Co., ___F.Supp.2d___ 5669, 5670 (S.D. N.Y. Sept. 19, 2005) September 2004: States and Environmental Groups Allege Global Warming as a Public Nuisance in Suits against Power Companies. State of Connecticut, et al. v. Am. Elec. Power Co., et al., Case No. 04-05669; Open Space Inst., Inc., et al. v. Am.Elec. Power Co., et al. 04-05670 (filed July 21, 2004, S.D. N.Y.) Greenhouse Gases May 2008: Status of the Lieberman-Warner Climate Security Act of 2008, S 2191 May 2008: U.S. EPA Developing Rules for Underground Storage of Carbon Dioxide with Implications for Drinking Water Quality May 2008: Climate Registry Announces Release of General Reporting Protocol for Greenhouse Gas Emissions December 2007: New York Implements Terms of Regional Greenhouse Gas Initiative Agreement and Issues Proposed Regulations to Reduce Carbon Dioxide November 2007: District Court Dismisses California’s Global Warming Nuisance Claims against Automakers State of California v. General Motors Corp., ___ F.Supp.2d___ C06-5755 MJJ (N.D. Cal. Sept. 17, 2007) August 2007: Climate Change Considerations for Water Planning: AB 224 and Other Legislative Proposals February 2007: Global Warming Reaches California Regulatory Agencies and Courts—and You November 2006: District Court Denies California’s Motion to Dismiss Greenhouse Gas Emission Regulation Preemption Challenges, but Dismisses Dormant Commerce Clause and Sherman Act Claims Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Sept. 25, 2006) November 2006: The California Global Warming Solutions Act of 2006—Taking on Global Warming by Legislating Reductions in Greenhouse Emissions October 2006: California Adopts Legislation Creating First-in-Nation State Regulatory Program For Greenhouse Gas Emissions Reductions January 2005: Global Warming and California’s Future: Will Rising Temperatures Cripple the State’s Water Supply? Haze August 2002: Court of Appeals: Provisions in EPA's "Regional Haze Rule" Requiring Air Pollution Sources to Retrofit Plants with New Controls to Reduce Haze-forming Emissions Are Ruled Unlawful American Corn Growers Association v. EPA ___F.3d___, Case No.99-1348 (D.C.Cir.May 24,2002). Indoor Air Pollution December 2006: 2006 Year-End Legislative Summary Mercury May 2005: EPA Issues Two New Air Rules for NOX, SO2, and Mercury in Potentially the Most Significant New Air Quality Standards since the 1990 Clean Air Act Amendments Mining April 2007: D.C. Circuit Declines to Second Guess Mine Safety and Health Administation’s Diesel Particulate Matter Rules Kennecott Greens Creek Mining Co. v. Mine Safety & Health Administration, ___F.3d___ 01-1046 (D.C. Cir. Feb. 9, 2007) MTBE September 2003: EPA Wrongly Denied California’s Waiver Request to Federal Oxygenated Gas Standards by Not Evaluating Waiver’s Beneficial Effects on Particulate Matter. Gray Davis v. U.S. Environmental Protection Agency ___F.3d___, Case No. 01- 71356 (9th Cir. July 17, 2003). October 2002: Settlements Reached with Remaining Defendants in California’s South Lake Tahoe MTBE Lawsuit South Tahoe Public Utility District v. Atlantic Richfield Co., Case No.999128 (San Fran.Super.Ct.Aug.5,2002). October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002). August 2002: Third District Upholds Secondary Drinking Water Standard For MTBE. Western States Petroleum Association, et al. v. Department of Health Services, ___Cal.App.4th___, Case No. CO37502 (3rd Dist. July 27, 2002). Nitrogen Oxide May 2005: EPA Issues Two New Air Rules for NOX, SO2, and Mercury in Potentially the Most Significant New Air Quality Standards since the 1990 Clean Air Act Amendments March 2004: U.S. Supreme Court Upholds the Ability of the Environmental Protection Agency to Reject a State’s Permitting Decision as Unreasonable under the Clean Air Act Alaska Department of Environmental Conservation v. U.S. Environmental Protection Agency 540 U.S. ___, Case No. 02-658 (Jan. 21, 2004). Oil Refineries May 2002: Illinois Supreme Court Affirms $3.2 Million Judgment against Utility for Improper Cleanup of Site Causing Neuroblastoma in Children Donaldson v. Central Illinois Public Service Company ___N.W.2d___, Case No. 89679 (Ill. Feb. 22, 2002) May 2001: Collection of Government Regulators Announce Widespread Air Emissions Reductions Settlement Agreements with Three Oil Refiners Covering Nine Polluting Refineries Oxygenates October 2001: Governor Davis and Air Resources Board File Suit Seeking Waiver of EPA-Mandated Use of Oxygenates. Davis v. EPA Case No. 01-71356, filed Aug. 13. 2001 (9th Cir.) Ozone February 2007: D.C. Circuit Vacates and Remands EPA’s Eight-Hour Ozone National Ambient Air Quality Standards South Coast Air Quality Management District v. U.S. EPA, ___F.3d___ 04-1200, 04-1201 (D.C. Cir. Dec. 22, 2006) February 2003: Fifth Circuit Reverses EPA's Approval of State Implementation Plan for Beaumont, Texas Sierra Club, et al. v. U.S. Environmental Protection Agency, et al2002; as revised Dec. 31, 2002). ___F.3d___, Case No. 01-60537 (5th Cir. Dec. 11, January 2003: Seventh Circuit Denies U.S. EPA's Authority to Extend St. Louis Clean Air Act Attainment Sierra Club v. Environmental Protection Agency ___ F.3d ___, Case Nos. 01-2844, 01-2845 (7th Cir. Nov. 25, 2002). September 2002: U.S. Environmental Protection Agency Exceeds Its Authority in Approving Revisions to State Implementation Plans in Washington D.C. Area Sierra Club v. Environmental Protection Agency, et al. ___F.3d___, Case Nos.01-1070 &01-1158 (D.C.Cir.July 2,2002). November 2001: Sixth Circuit Vacates Redesignation of Cincinnati's Ozone Attainment Status Wall v. EPA ___F.3d___, Case No. 00-4010 (6th Cir. Sept. 11, 2001). Ozone Transport Rule July 2001: D.C. Circuit Upholds Ozone Transport Rule under Rule 126 of the Clean Air Act Appalachian Power Co. V. Environmental Protection Agency ___F.3d___, Case No.99-1200 (D. C. Cir. May 15, 2001) Particulate Matter December 2009: California Appellate Court Invalidates Regional Air Quality District’s Rule Allowing Air Pollution Offset Credits California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, ___Cal.App.4th___ E046687 (4th Dist. Oct. 30, 2009) January 2008: Sixth Circuit Holds Injury to Property through Imperceptible Particles Basis for Diminution in Fair Market Value Smith v. Carbide and Chemicals Corp., ___F.3d___ 04-5323 (6th Cir. Nov. 2, 2007) January 2005: Court-Issued Writ Commanding Agency to Account for “All” Sources of Pollution Is Limited to Sources Identified in EIR Riverwatch v. County of San Diego D042430 (4th Dist. Oct. 25, 2004) Petroleum Production February 2001: Third Circuit Limits Applicability of New Source Performance Standard Subpart J (Standards of Performance for Petroleum Refineries) to Facilities in Petroleum Refineries Star Enterprise v. United States Environmental Protection Agency ___F.3d___, No.98-6321 (3rd Cir. Dec. 7, 2000) Rice Burning November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley Carrancho v. California Air Resources Board 111 Cal.App.4th 1255 (3rd Dist. 2003). Sulfur Dioxide May 2005: EPA Issues Two New Air Rules for NOX, SO2, and Mercury in Potentially the Most Significant New Air Quality Standards since the 1990 Clean Air Act Amendments Sulfuric Acid June 2007: Partial Success Means Partial Recovery: District Court Provides an Analytical Framework for Cost Recovery Claims Citizens Against Pollution v. Ohio Power Company, ___F.Supp.2d___ C2-04-CV-3712007 (S.D. Ohio April 12, 2007) Trespass June 2003: Fifth Circuit Applies Texas Law and Upholds Jury Verdict for Trespass by Airborne Particulates H. E. Stevenson v. E. I. DuPont de Nemours and Company ___F.3d___, Case No. 02-40569 (5th Cir. April 3, 2003). Vehicle Emissions May 2004: Court of Appeals: Ninth Circuit Upholds San Francisco Transportation Agency’s Efforts to Increase Clean Air Act Ridership Goals Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission ___F.3d___, Case No. 02-17352 (9th Cir. April 6, 2004). March 2003: New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review Public Citizen v. Department of Transportation ___F.3d___, Case Nos. 0270986, 02-71249 (9th Cir. Jan. 16, 2003). Water Pumping November 2003: Irrigation Pumps to Submit to Stricter Air Pollution Regulations under U.S. Environmental Protection Agency Settlement with Environmental Groups

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