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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

Here are the options going forward for regulating existing power plants. Switch to another legal basis for regulation. The Clean Power Plan was based on section 111(d) of the Clean Air Act. EPA might well get substantial reductions in carbon emissions this way. Download as PDF.

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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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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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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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The Supreme Court’s Latest Decision Is a Blow to Stopping Climate Change

Union of Concerned Scientists

The majority 6–3 decision sharply curtails the EPA’s authority to set standards based on a broad range of flexible options to cut carbon emissions from the power sector—options such as replacing polluting fossil fuels with cheap and widely available wind and solar power coupled with battery storage. carbon emissions today.