Environmental Defense V. Duke Energy Corp.
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Environmental Defense V. Duke Energy Corp.
''Environmental Defense v. Duke Energy Corporation'', 549 U.S. 561 (2007), is a United States Supreme Court case in which the Court held that while a term may be used more than once in a statute, an agency has the discretion to interpret each use of the term in a different way based on the context. It involved the Environmental Defense Fund and Duke Energy. In a unanimous decision, the court held in favor of the plaintiff's (Environmental Defense) argument. This case addressed the Clean Air Act (CAA) and two of its programs, Prevention of Significant Deterioration (PSD) and New Source Performance Standard (NSPS). PSD applies to regulating annual emissions; NSPS pertains to regulating hourly emissions, although the defendants argued that the hourly emissions of their facilities remained unchanged. Each section of the Clean Air Act, that outlines the provisions of the PSD and the NSPS, defines "modification" differently. As a result, the inconsistency of the term "modification" in t ...
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Bloomberg BNA
Bloomberg Industry Group, Inc. (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business news and information for professionals. It is headquartered in the Crystal City, Virginia, Crystal City section of Arlington County, Virginia. The CEO of the company is Josh Eastright. The company was founded in 1929 by David Lawrence (publisher), David Lawrence and became employee-owned in 1947. When it was acquired by Bloomberg in September 2011, it was the oldest employee-owned company in the United States. History Early history (1929–2011) The Bureau of National Affairs, Inc. (BNA) was founded in 1929 by newsman David Lawrence as a subsidiary of ''United States Daily'', now known as the ''U.S. News & World Report''. BNA's first publication was U.S. Patent, Trademark & Copyright Reports (now United States Patent Quarterly). In 1946, Lawrence sold BNA to five of his top edi ...
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National Ambient Air Quality Standards
The U.S. National Ambient Air Quality Standards (NAAQS, pronounced ) are limits on atmospheric concentration of six pollutants that cause smog, acid rain, and other health hazards. Established by the United States Environmental Protection Agency (EPA) under authority of the Clean Air Act (42 U.S.C. 7401 et seq.), NAAQS is applied for outdoor air throughout the country. The six criteria air pollutants (CAP), or criteria pollutants, for which limits are set in the NAAQS are ozone (O3), atmospheric particulate matter (PM2.5/PM10), lead (Pb), carbon monoxide (CO), sulfur oxides (SOx), and nitrogen oxides (NOx). These are typically emitted from many sources in industry, mining, transportation, electricity generation and agriculture. In many cases they are the products of the combustion of fossil fuels or industrial processes. The National Emissions Standards for Hazardous Air Pollutants cover many other chemicals, and require the maximum achievable reduction that the EPA determine ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief justice who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by chief justice and include most major cases decided by the court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30, 1941) * St ...
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2007 In The Environment
This is a list of notable events relating to the environment in 2007. They relate to environmental law, conservation, environmentalism and environmental issues. Events *The IPCC Fourth Assessment Report is released *The Baiji, a freshwater dolphin that lived in the Yangtze River in China is declared extinct. The population declined drastically as China became industrialized and made heavy use of the river for fishing, transportation, and hydroelectricity. *The town of Wittenoom in Western Australia is disestablished due to asbestos contamination from past mining operations. *Friends of the Earth run the Big Ask Campaign calling for a new climate change law in the United Kingdom and 15 other EU member states. January *The Cebu Declaration on East Asian Energy Security was signed. The signatories have agreed to promote energy security and find energy alternatives to conventional fuels. *A $400 million plan was announced to clean up the Sydney Tar Ponds, a hazardous waste si ...
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Chevron U
Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock layers * Chevron (land form), a sediment deposit across the Earth's surface * Chevron nail, a rare transient fingernail ridge pattern seen in children * Chevron plot, a way of representing data Organisations * '' The Chevron'', former newspaper at the University of Waterloo, Ontario, Canada * Chevron Corporation, an American multinational energy corporation ** '' Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', 467 U.S. 837 (1984), a United States Supreme Court case dealing with administrative law * Chevron Cars Ltd, a British racing car constructor * Chevron Engineering Ltd, a New Zealand car maker People * Philip Chevron (1957–2013), Irish singer/songwriter * The Chevrons, an American pop group Places * ...
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Dicta
In legal writing, a (Latin 'something that has been said'; plural ) is a statement made by a court. It may or may not be binding as a precedent. United States In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authority of the person who pronounced it. There are multiple subtypes of , although due to their overlapping nature, legal practitioners in the U.S. colloquially use to refer to any statement by a court the scope of which extends beyond the issue before the court. in this sense are not binding under the principle of , but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * : A personal or individual dictum that is expressed by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and that is not essential to the disposit ...
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Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the United States Department of the Treasury, Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act. The IRS originates from the Commissioner of Internal Revenue, a federal office created in 1862 to assess the nation's first income tax to fund the American Civil War. The temporary measure funded over a fifth of the Union's war expens ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district courts in the following United States federal judicial district, districts: *United States District Court for the District of Maryland, District of Maryland *United States District Court for the Eastern District of North Carolina, Eastern District of North Carolina *United States District Court for the Middle District of North Carolina, Middle District of North Carolina *United States District Court for the Western District of North Carolina, Western District of North Carolina *United States District Court for the District of South Carolina, District of South Carolina *United States District Court for the Eastern District of Virginia, Eastern District of Virginia *United States District Court for the Western District of Virginia, Western Dist ...
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New Source Review
A New Source Review (NSR) is a permitting process created by the US Congress in 1977 as part of a series of amendments to the Clean Air Act. The NSR process requires industry to undergo an Environmental Protection Agency pre-construction review for environmental controls if they propose either building new facilities or any modifications to existing facilities that would create a "significant increase" of a regulated pollutant. The legislation allowed "routine scheduled maintenance" to not be covered in the NSR process. Since the terms "significant increase" and "routine scheduled maintenance" were never precisely defined in legislation, they have become a source of contention in many lawsuits filed by the EPA, public interest groups, and utilities. Major New Source Review court cases Wisconsin Energy Corporation lawsuit In 1988 the Wisconsin Energy Corporation (WEPCo) submitted an NSR inquiry to the EPA for improvements at its Port Washington plant. The improvements included ...
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Clean Air Act (United States)
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, the Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out the law's mandates. Associated regulatory programs, which are often technical and complex, implement these regulations. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air, and the National Emissions Standards for Hazardous Air Pollutants program which sets standards for emissions of particular hazardous pollutants from specific sources. Oth ...
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State Implementation Plan
A State Implementation Plan (SIP) is a United States state plan for complying with the federal Clean Air Act, administered by the Environmental Protection Agency (EPA). The SIP, developed by a state agency and approved by EPA, consists of narrative, rules, technical documentation, and agreements that an individual state will use to control and clean up polluted areas. Lowest achievable emissions rate The Lowest achievable emissions rate (LAER) is used by the EPA to determine if emissions from a new or modified major stationary source are acceptable under SIP guidelines. LAER standards are required when a new stationary source is located in a non-attainment air-quality region. It is the most stringent air pollution standard above the best available control technology and reasonably available control technology standards. Best available control technology Best available control technology (BACT) is a pollution control standard mandated by the Clean Air Act: :..an emission limitat ...
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