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State-Level Actions To Decarbonize Aviation

Legal Planet

Opponents will undoubtedly argue that such state-based initiatives conflict with federal law.

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What Should EPA Do After Repealing the Clean Power Plan?

Legal Planet

The Clean Power Plan was based on section 111(d) of the Clean Air Act. There’s been a lot of discussion among academics and advocates about instead using section 115 of the Clean Air Act as a basis for carbon regulations. EPA might well get substantial reductions in carbon emissions this way.

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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

Social Cost of Carbon D. EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Standards for carbon and methane emissions from new sources Permitting requirements for carbon emissions from new stationary sources of major sources of existing pollutants.

Law 246
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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

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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. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the Clean Air Act.

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Judicial Review After Loper Bright

Legal Planet

” This actually pretty typical language in environmental statutes,, such as section 202 of the Clean Air Act, which EPA has used to limit carbon emissions from cars. The Court summarizes that section as saying: “Whenever, in the judgment of the [Environmental Protection Agency (EPA)] Administrator.

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant. This gave EPA the power to impose limits on carbon emissions by vehicles and industry.