USLegal Reporter » Environment

U.S. District Court Rules Against NYC Green Taxi Laws

Dana Altman — Tue, 23 Jun 2009 19:16:52 +0000

U.S. District Court Judge Paul A. Crotty ruled that New York City’s attempts to force taxicab owners to buy fuel-efficient hybrid taxicabs were preempted by federal law. While the judge praised the city’s efforts, he cautioned against interfering with the exclusive jurisdiction of Congress to legislate mileage and emissions standards.

Last October, regulations requiring taxicabs to be fuel-efficient by 2012 were also invalidated due to being pre-empted by federal jurisdiction. The latest attempt by the city would have allowed cab companies to charge higher rental rates to drivers of hybrid cars, while rental rates would decrease over two years for companies with gas-guzzling taxis.

Source: http://www.breakinglegalnews.com/category/Breaking%20Legal%20News

Supreme Court Sides with Navy in Sonar Case

carrie — Wed, 12 Nov 2008 22:30:49 +0000

The United States Supreme Court today lifted restrictions on submarine training excercises off the California coast. A lower court had imposed restrictions because of concerns that sonar noise frequencies were harmful to marine life. However, in a 5-4 decision the Court ruled that the nation’s national security interests outweighed environmental concerns.

Writing for the majority, Chief Justice John Roberts said, “The Court does not question the importance of plaintiffs’ ecological, scientific and recreational interests, but it concludes that the balance of equities and consideration of the overall public interest tip strongly in favor of the Navy.”

Source: http://www.sciam.com/blog/60-second-science/post.cfm?id=save-the-whales-but-only-when-natio-2008-11-12

Lawsuit Filed Over Rule Designed to Protect Polar Bears

Della Sellers — Tue, 02 Sep 2008 14:34:13 +0000

The American Petroleum Institute, the US Chamber of Commerce, the National Association of Manufacturers, the National Mining Association and the American Iron and Steel Institute filed a lawsuit last Wednesday against the US Interior Department requesting that implementation of a rule to protect polar bears not prevent oil, gas, mining and manufacturing projects that release global warming gases. After polar bears received the threatened species designation, a rule was put into place that limits the types of projects that may be reviewed in order to protect the polar bear and its habitat. Projects in every state but Alaska were then exempted from being reviewed in an effort to prevent the use of endangered species law to regulate greenhouse gases.

The Bush administration has claimed that greenhouse gas emissions from one project cannot be targeted as the source of rising temperatures and therefore, melting sea ice, that threaten polar bears.

Source: http://news.yahoo.com/s/ap/20080828/ap_on_go_ca_st_pe/polar_bear_lawsuit_2

EPA Settles Lawsuit with Louisiana Refinery

carrie — Wed, 27 Aug 2008 21:58:17 +0000

The Environmental Protection Agency today reached an agreement with a Lake Charles refinery to reduce its pollution emissions. The EPA had filed a lawsuit against Calcasieu Refining Co. for alleged violations of the Clean Air Act.

Under terms of the settlement agreement, Calicasieu has agreed to pay $612,500 in fines. The refinery, which is owned by Transworld Oil U.S.A. Inc. of Houston, will also reduce its nitrogen oxide emissions and monitor benzene waste.

Source: http://www.forbes.com/feeds/ap/2008/08/27/ap5363759.html

Lawsuit Filed Regarding Polar Bear Designation as Threatened Species

Della Sellers — Tue, 05 Aug 2008 20:54:31 +0000

The state of Alaska filed a lawsuit Monday against the US government regarding its recent designation of polar bears as a threatened species under the Endangered Species Act. The state claims that Interior Secretary, Dirk Kempthorne, failed to consider the scientific evidence of the survival of polar bears despite earlier global warming periods and dismisses the idea that polar bears would be endangered in 45 years. State officials are concerned that the designation will hurt offshore oil and gas development in areas populated with polar bears.

The listing was based on a one-year review process, public comment period and other studies that found a recent trend in the melting of vital sea ice that it expected would continue in the future and would negatively affect the polar bear population.

Source: http://ap.google.com/article/ALeqM5i536jfOol1gh7ago3QLE3rrEvhZgD92BSE780

Bush Lifts Ban on Offshore Drilling

carrie — Tue, 15 Jul 2008 20:46:43 +0000

President Bush on Monday set aside an executive order which prevents drilling of US coasts. Bush says offshore drilling and exploration is needed to lessen our reliance on oil from foreign sources.

However, drilling can not occur unless Congress repeals a 1981 law which also prohibits the practice.

Environmentalists and officials in coastal states such as California and Florida oppose lifting the ban because of potential damage which can be done to the ecosytem including coral reefs.

Source: http://www.cnn.com/2008/POLITICS/07/15/bush.oil/

Oil Tax Bill Fails in Senate

carrie — Tue, 10 Jun 2008 22:03:27 +0000

An energy bill that would have placed heavier taxes on major oil companies failed to garner enough support in the Senate today.

The Democratic proposal aimed to roll back $17 billion in tax breaks for major oil companies. It would have also placed additional tax burdens on oil companies that did not invest in alternative energy sources.

The bill did not obtain enough votes to be taken up for full consideration.

Source: http://www.nytimes.com/2008/06/11/business/11congweb.html?hp

Climate Bill Stalls in US Senate

carrie — Fri, 06 Jun 2008 20:46:06 +0000

A bill that would have required major reductions in green house gases failed to make its way for a vote today in the US Senate. With concern that Democratic leaders lacked enough votes to end a Republican filibuster, the bill was pulled from consideration.

The bill would have cut total U.S. global warming emissions by 66 percent by 2050.

Source: http://www.reuters.com/article/latestCrisis/idUSN06383064

Polar Bears Now on ‘Threatened’ Species List

carrie — Thu, 15 May 2008 15:24:13 +0000

The US government has added polar bears to its list of animals to be protected under the Endangered Species Act. Secretary of the Interior Dirk Kempthorne made the annoucement on Wednesday after recommendations from the US Fish and Wildlife Service.

A report by the US Geological Survey said loss of sea ice as a result of global warming could lead to a destruction of the animal’s habitat and 2/3rds of the species within the next 50 years.

Sources: http://www.doi.gov/news/08_News_Releases/080514a.html

Judge Says EPA Must Review Carbon Monoxide Standards

carrie — Fri, 09 May 2008 20:47:47 +0000

A US District Judge in California this week ruled that the Bush Administration has violated deadlines for reviewing the nation’s carbon monoxide standards.

Environmental groups have sued the Environmental Protection Agency to prompt it to update its policies. The current carbon monoxide standard was put in place in 1974. It was last reviewed in 1994 and no changes were made. Federal law requires assessment every five years.

Carbon monoxide is an orderless gas and pollutant which comes from auto emissions and the burning of other fossil fuels. Environmental advocates and California officials says it contributes to human health problems and global warming.

Source: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/07/MNJR10I1HQ.DTL