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The issue was whether state plans under the CleanAirAct 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. International Harvester Co. Ruckelshaus (1973). In immediate terms, this D.C.
is a serious blow to the EPA’s ability to fight climatechange—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “ Danger Season ” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climatechange.
My own priorities are public health, climatechange, and preservation of biodiversity/ecosystems. CleanAirAct. In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known.
For example, there’s a current challenge to EPA’s waiver under the CleanAirAct for the Air Resources Board’s Advanced Clean Trucks regulations (ACT), which require that zero-emission trucks represent an increasing proportion of in-state heavy-duty truck sales. (A
Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the CleanAirAct, the Clean Water Act, and more? Climatechange is a classic example of cumulative effects. The first post is here.
Standing based on climate impacts C. Climate science F. Climate justice II. EPA regulation of greenhouse gas emissions under the CleanAirAct (CAA) A. Climatechange under other federal statutes. Climatechange as substantial impact requiring discussion in environmental impact statement.
CLEEs new report State of Aviation Deecarbonization: State Policy Options to Regulate Carbon Emissions from Aviation and Federal Preemption Risk provides an in-depth analysis of these legal issues with respect to three potential state policy approaches: regulation via a low carbon or clean fuel standard , which creates a carbon intensity target for (..)
President Nixon signs the CleanAirAct of 1970 Richard Revesz recently posted a piece on climatechange regulation, " Bostock and the End of the ClimateChange Double Standard" , forthcoming in the Columbia Journal of Environmental Law.
The decision focuses on EPA’s authority under a specific section of the CleanAirAct. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide. What does this mean for clean energy projects? What is the case about? .
Five implications for climate accountability The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations — particularly those related to environmental protection and climatechange, as many of these regulations were crafted to be flexible in interpretation by design.
First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climatechange because there was uncertainty about the topic and it was controversial. In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climatechange.
The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climatechange. The Court then held that greenhouse gases are covered by the CleanAirAct as a type of air pollutant.
Though the case caught fewer headlines, it, too, threatened Earth-shifting implications all its own by thrusting into question a critical EPA lever for addressing climatechange. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the CleanAirAct.
Local actors seek climatechange damages from the biggest fossil fuel companies through state law litigation. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climatechange adaptation and mitigation. In climatechange cases, the defendants are the oil and gas companies.
Today, climatechange is the central, though by no means the only, concern in environmental law. I found only one relevant reference using the term “climatechange” before 1985. In one sentence of a 1975 article, John Barton referred to “climatechange” as a potentially severe long-term problem.
Whether climatechange impacts to Montana’s environment can be measured incrementally. Whether climate impacts and effects in Montana can be attributed to Montana’s fossil fuel activities. Intergovernmental Panel on ClimateChange. They are: Whether Plaintiffs’ injuries are mischaracterized or inaccurate.
The allegations in this 2018 suit are that fossil fuel companies concealed the effects of fossil fuels on climatechange and disingenuously marketed their products to the harm of the people living in Boulder County. Board of County Commissioners of Boulder County v. Suncor Energy . Defendants removed.
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 CleanAirAct constrains how EPA sets standards—but gives states wide latitude in implementation.
Record-setting heat , heavy rains, and wildfires scientifically linked to climatechange are causing devastating and costly harm to people and communities across the country. As of today, 79% of people in the US have been under extreme weather warnings of some kind or another since May 1.
In a case that could open the door to more citizen suits to enforce mobile source provisions of the CleanAirAct—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.
Nevertheless, and with the possible exception of the CleanAirAct, no law enacted as part of the outpouring of federal environmental legislation in the 1970’s has proven more successful and transformational than the CWA. ” That obviously did not, and will not, happen. Environmental Protection Agency.).
To avoid the worst potential consequences of climatechange, we will have to transform the transportation and electric power sectors in tandem. In other words, cars and trucks are responsible for 23.5 percent of total US heat-trapping emissions, nearly as much as the electric power sector, which contributes 25 percent.
The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the CleanAirAct in making major modifications to its Rush Island facility. 7413(b), expressly provides for injunctive relief to redress violations of the Act.”. I still believe that.
Under the CleanAirAct, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions.
That coal is now going out with little more than a whimper gives me hope that opposition to measures to address climatechange may also fade away faster than currently seems possible. As Ameren noted in its filing with the Court: . The post Another Nail In Coal’s Coffin first appeared on Law and the Environment.
Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. Thus, the cities and counties sought an order of abatement requiring the energy companies to fund a climatechange adaptation program.
We know that burning fossil fuels is the main cause of anthropogenic climatechange, and that climatechange is the source of adverse impacts on communities and even regional and national economies. Instead, it has been to stem and confuse the flow of information about climatechange to the public and political leaders.
Going back to 1978 and through this month, Congress has acknowledged climatechange in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for ClimateChange Law. The Sabin Center’s collection of congressional references to climatechange can be accessed here.
Environmental Protection Agency to limit greenhouse gas emissions from power plants under the CleanAirAct. Today’s decision does not change how we must respond to climatechange: boldly, quickly, and with love for our neighbors. Supreme Court released its decision on West Virginia V.
and European CleanAirActs and Amendments of the 1970s ( Mann and Emanuel 2006 ; Dunstone et al. 2021 ), and changes in the Atlantic Meridional Overturning Circulation (AMOC). Wu, "Tropical Cyclones and ClimateChange Assessment: Part I: Detection and Attribution", Bulletin of the American Meteorological Society , vol.
In the United States, we already have a model for regulating emissions under the CleanAirAct. As earlier as 2012, studies evaluated the applicability of greenhouse gas emissions trading programs to agriculture.
Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climatechange were either preempted by the CleanAirAct, or, in the case of foreign emissions, represented a non-justiciable political question.
EPA has now formally restored its waiver under § 209(b) of the CleanAirAct that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA.
The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. ” Id. EPA , 573 U.
In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climatechange.” District of Columbia v. Exxon Mobil Corporation, et al.,
It was ended by the Supreme Court, which held that the then-new Clean Water Act took over the field of interstate water pollution in lieu of court-made rules. Climatechange. In a groundbreaking climate decision, Massachusetts v.
Climatechange nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climatechange impacts.
The plaintiffs in these cases allege that the companies knew the harms their products would cause, that the companies failed to warn and misled the public about those harms, and that the products have caused damages in the form of rising seas, more frequent and severe storms, heat waves, and wildfires, among other climatechange impacts.
Shapiro Work Out Budget Deal; Senate Democrats, House Democrats Not Onboard [PaEN] -- Pennsylvania Oil & Gas Weekly Compliance Dashboard - June 24 to 30 - Radiation Levels Prompt Shale Gas Wastewater Tank Decontamination; Replugging Conventional, Shale Gas Wells [PaEN] -- DEP Invites Comments On Air Quality Permit For Cryptocurrency Power Generation (..)
The Sabin Center for ClimateChange Law and Environmental Defense Fund have just launched IRAtracker.org. Source: iratracker.org The IRA is this country’s largest climate investment to date. For example, by selecting “EPA” on the database homepage, users can see a list of the IRA programs EPA is responsible for implementing.
The statute points to section 211(o)(1)(H) of the CleanAirAct to define lifecycle greenhouse gas emissions—exactly as was done for the simultaneously passed section 45V Clean Hydrogen Production Credit. Most notably, this reference covers direct and significant indirect emissions.
That’s because 45V awards credits based on the lifecycle greenhouse gas emissions rate of produced hydrogen, and the statutory text defines that term via explicit reference to a definition set in the CleanAirAct.
In a decision on February 5, 2025, the Superior Court of New Jersey dismissed the Attorney General of New Jersey’s state tort claims against various energy companies seeking redress for the effects of climatechange in Platkin v. Exxon Mobil Corp (N.J. MER-L-001797-22).
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