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Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?

Environment Next

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.

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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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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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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 232
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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.

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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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Climate Policy: What’s Happening at the State Level?

Legal Planet

The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions. Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases.