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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

The issue was whether state plans under the Clean Air Act only need to prevent violation of national air quality standards, or whether they must prevent deterioration in areas where the air is already cleaner than the standards. National Highway Traffic Safety Administration (2007). Ruckelshaus (1973).

Law 203
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The Profound Climate Implications of Supreme Court’s West Virginia v. EPA Decision

Union of Concerned Scientists

That’s because the case, which was about the nature and scope of EPA authority in regulating carbon emissions from existing power plants, turned on a rule that does not exist. Because while this decision does still recognize EPA’s authority to regulate greenhouse gas emissions, it simultaneously sharply curtails the agency’s ability to do so.

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What Happened During the Montana Youth Climate Trial

Legal Planet

That the state official who oversees the permitting and regulation of all major energy projects in Montana could be ignorant of the UN body that has been issuing increasingly urgent assessments about global warming and climate data for 30 years is unbelievable and distressing. Intergovernmental Panel on Climate Change.

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EPA Announces January 2011 as Likely Date for Regulation of Greenhouse Gases Under PSD Program

The Energy Law

By Stephen Wiegand EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program. In Massachusetts v. EPA, 549 U.S. EPA, 549 U.S.

2011 40
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EPA Issues Final Greenhouse Gas Endangerment Finding

The Energy Law

497 (2007), in which the Supreme Court held that greenhouse gases were “pollutants” under the Clean Air Act and ordered EPA to determine whether greenhouse gases “may reasonably be anticipated to endanger public health or welfare” under Section 202 of the Act. See 74 Fed. 66496 (Dec. EPA, 549 U.S.

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Air Permitting: Sixth Circuit Vacates Single Stationary Source Aggregation Determination for E&P Facilities Due to EPA’s Unreasonable Interpretation of Adjacent

The Energy Law

When making single stationary source determinations without the protection of the non-aggregation provision in Section 112 of the Clean Air Act, 42 U.S.C. In 2007, in guidance specifically addressing oil and gas activities, EPA stated that “proximity is the most informative factor in making source determinations.”

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The Dirty Truth of Michigan v. EPA

Vermont Law

is a shift for this historically Clean Air Act-friendly Court. It is the first “anti-environmental” decision in the CAA realm since their 2007. regulate toxic emissions from power plants, rather than consider the cost when determining . regulate emissions. regulate emissions. Supreme Court in .