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Climate Litigation Chart Updates – November 2016

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. 24, 2016); Alaska Oil & Gas Association v. West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.

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Minnesota Can Do More to Protect People from Ethylene Oxide Emissions

Union of Concerned Scientists

EPA’s own scientists concluded in 2016 that the risk value of ethylene oxide is 60 times more toxic than previously understood. Exposure to ethylene oxide by breathing it in the air is associated with cancers of white blood cells, such as non-Hodgkin’s lymphoma, as well as breast cancers. Here’s how.

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Improving EPA’s Latest Ozone Transport Rule

Acoel

The proposed rule would provide de minimus air quality benefits in downwind areas with extremely high costs – estimated by EPA at $22 billion discounted 2016 dollars for the 2023-2042 period. The agency’s air quality modeling indicates that most areas would receive an ozone reduction of less than 0.1 ppb by 2025.

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Clean Power Plan: The Legal Battle Continues

The Energy Law Blog

Arguments in the “core legal issues” brief include: The Clean Air Act does not authorize EPA to make such sweeping changes to how electricity is generated and transmitted in the United States. The Clean Power Plan usurps authority given to States by the U.S. Constitution and the Clean Air Act.

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EPA: U.S. Steel To Pay $1.5 Million Penalty, Make Improvements To settle Air Pollution Violations At Allegheny County Steel Plant

PA Environment Daily

million penalty and make extensive improvements at its steel production facility in Braddock, Pennsylvania, as part of a settlement covering longstanding air pollution violations. Settlements like this serve notice to companies that they must follow the law to keep workers and neighbors healthy and safe.”

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Taking a Five-Year-Old to Court: EPA’s First 10 Risk Evaluations Meet the Bench

Acoel

The 2016 Lautenberg Amendments turning five on June 22, 2021 provides a perfect opportunity to reflect on how this ambitious and bold statute is growing up –­ and faring in the courts. Tracking the body of law building up around the Amendments is, for now, a manageable exercise. Posted on July 12, 2021 by Alexandra Dapolito Dunn.