Jennifer A. Smokelin

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The Transportation and Climate Initiative (TCI) is a collaboration of 13 Northeast and Mid-Atlantic jurisdictions, including Pennsylvania, New York, New Jersey, and Washington, D.C. The TCI’s goal is to increase the use of clean transportation and energy, and reduce carbon emissions, in the transportation sector. TCI jurisdictions are in the process of developing a plan to lower carbon emissions from transportation through a cap-and-invest program. Under the TCI plan, states would 1) put a cap…
Clean Air Council v. Department of Environmental Protection and Sunoco Partners Marketing & Terminals, L.P., EHB Dkt. No. 2016073L (Adjudication Jan. 9, 2019) On January 9, 2019, the Pennsylvania Environmental Hearing Board issued its adjudication in an appeal by Clean Air Council of a plan approval issued to Sunoco Partners Marketing & Terminals, L.P. The Board ultimately remanded the plan approval to the Commonwealth of Pennsylvania Department of Environmental Protection (DEP) for further consideration. The Board’s discussion of why…
The past year has been a busy one in environmental law and policy. While a look ahead could include topics such as likely impacts from continuing efforts by the current U.S. administration to bolster use of coal-fired energy or the myriad lawsuits facing the Environmental Protection Agency (EPA) in 2019 from environmental groups and state attorneys general, from a business perspective, developments in air and water related litigation and regulation are likely to have the most immediate domestic…