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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.
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. First and foremost, despite some fossilfuel interests swinging for the fossilfuel-favored fences, the Supreme Court’s decision in West Virginia v.
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.
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.
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 the proposed rule currently stands, however, it fails to fully reckon with the costs and consequences of carbon pollution from fossilfuel-fired power plants.
Many of the claims are based at least in part on allegations of misrepresentations by the companies regarding climate science in order to promote their sales of fossilfuels. In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climatechange.
Local actors seek climatechange damages from the biggest fossilfuel companies through state law litigation. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climatechange adaptation and mitigation. In the wake of West Virginia v.
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? .
The very first American trial of a youth climate lawsuit was hardly blockbuster Court TV, but we learned a lot from the proceedings. As I outlined here , Montana state law prohibits the consideration of greenhouse gas emissions or climate impacts–– inside and outside the state’s borders––when reviewing projects and approving permits.
Through the CleanAirAct , and as affirmed—and reaffirmed—through multiple legal sagas, EPA is statutorily obligated to address carbon pollution from fossilfuel-fired power plants. Section 111 of the CleanAirAct constrains how EPA sets standards—but gives states wide latitude in implementation.
Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossilfuel companies seeking redress for the climate harms their products have caused. By Korey Silverman-Roati. Background. Many of these cases asserted nuisance and other tort law claims.
And so it is with the plethora of lawsuits by states, cities and counties against oil and gas producers claiming catastrophic damages from fossilfuels. Baltimore alleges oil company defendants violated state-laws and concealed dangers associated with their fossilfuel products. There are others. Suncor Energy .
We know that burning fossilfuels is the main cause of anthropogenic climatechange, and that climatechange is the source of adverse impacts on communities and even regional and national economies. by Justin Gundlach. These points are largely undisputed. These points are largely undisputed.
That’s a far cry from just six years ago, when EVs were considered a niche technology (and the fossilfuel baron Charles Koch and his minions wanted to keep it that way). To avoid the worst potential consequences of climatechange, we will have to transform the transportation and electric power sectors in tandem.
The tax credit, passed as part of 2022’s Inflation Reduction Act, provides a generous incentive for the production of clean hydrogen. Today, hydrogen is overwhelmingly produced through a heavily polluting fossilfuel-based process. It is a climate problem, not a climate solution. Geographic deliverability.
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. Time to get to work.
CARB’s Low Carbon Fuel Standard (LCFS) seeks to incentivize the production and sale of alternative, lower emissions transportation fuels in order to displace conventional fossilfuels. To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels.
Amidst historically low oil prices and economic shutdowns, fossilfuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. Do State Nuisance Claims Related to ClimateChange Arise Under Federal Law? 1442(a)(1). . San Mateo , pp.
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.
Climatechange nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossilfuel companies’ production and promotion of fossilfuels constitutes a public nuisance under federal and California common law. By Michael Burger.
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. Clean must mean clean, meaning no polluter loopholes, and no polluter giveaways.
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.,
In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossilfuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure.
Despite the generous funding opportunities and holistic flexibilities baked into ACF, confusion around and misinformation about the rule may undermine this much-needed shift away from fossil-fueled trucks and buses.
This production process emits significant air and water pollution with severe health consequences for neighboring communities already bearing the brunt of climatechange impacts like sea level rise, severe storms and flooding. . redlining.) Check out how we are fulfilling our commitment at OceanConservancy.org. [1]
On June 25, 2013, President Obama delivered a major speech on the topic of climatechange. In it he outlined a broad policy agenda aimed at addressing the challenges posed by the changingclimate. These facilities account for around 40% of all carbon pollution in the United States.
Supreme Court to shield it from numerous state climate lawsuits filed across the country seeking damages for the harms caused by climatechange harms like the historic, supercharged urban fires burning in Los Angeles. So, why on earth wouldnt the polluters behind climatechange be expected to pay up? 7401 et seq.
The federal CleanAirAct defines an indirect source as any facility, building, structure, or installation, or combination thereof, which generates or attracts mobile source activity that results in emissions of any pollutant (or precursor) for which there is an air quality standard. [6]
EPA ) addressing the scope of the United States Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions from existing fossil-fuel powered power plaints. Click here to read the article (begins on p.
Million Agriculture Innovation Program -- Middle Susquehanna RiverKeeper Blog: Our Streams In Winter - A Look Into The Challenges And Resilience Of Our Waterways Through The Season -- Bay Journal - Karl Blankenship: Will ClimateChange Add More Nutrient Pollution To Chesapeake Bay?
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. and non-U.S. filed June 5, 2017; emergency motion for stay granted July 3, 2017).
Each month, Arnold & Porter and the Sabin Center for ClimateChange Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. Climate Litigation Chart (Update #92): FEATURED CASE.
Climatechange : The process by which the climatechanges due to “forcings”. Fossilfuel : Any mineralized formerly organic material extracted from the ground and used in energy production: coal, natural gas, oil. It determines the responsibility of previous generations to the future.
Image via PickPik On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossilfuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v.
379] The CleanAirAct doesn’t give an industry immunity from pollution regulation just because the industry is on its last legs economically. Even without any new EPA rule, many coal-fired power plants would close due to competition from gas-fired plants and renewables.
The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossilfuel power plants under Section 111(d) of the CleanAirAct (CAA). These impacts will only increase as climatechange worsens.
A lot of this is the scale of funding—the two laws will spend money on climate policies at a far higher rate than any previous federal programs—but the laws will also involve the federal government more in climate policy, in a variety of ways. These changes come at a crucial time for the fight against climatechange.
The largest contributors to this deadly type of pollution come from human-made emission sources that burn fossilfuels, such as coal-fired power plants and vehicular emissions of diesel and gasoline. pollution, half of the deaths are attributable to the burning of fossilfuels. EPA’s PM 2.5 EPA’s PM 2.5
Methane Emissions EPA announced it would reconsider regulations for the oil and gas industry under Section 111 of the CleanAirAct and Subpart W of the Greenhouse Gas Reporting Program. EPA also announced it would reconsider risk management rules that cover oil and natural gas refineries and chemical facilities.
USA: Coke, EPA to reach settlement in CleanAirAct ammonia violation charges Shane O'Halloran | Food Engineering Mag | March 19, 2014 EPA alleged 27 violations at a Minute Maid juice processing facility in Michigan. Water supply in several parts of Sri Lanka including its commercial capital Colombo had to be suspended.
EPA , the lawsuit challenging the Environmental Protection Agency (EPA)’s repeal of the Clean Power Plan and the dangerously weak replacement rule. The Clean Power Plan was the Obama Administration’s rule regulating greenhouse gas emissions from fossilfuel-fired power plants, the nation’s largest stationary source of climate pollution.
It agreed with settled science that carbon dioxide from the combustion of fossilfuels is the major source of greenhouse gases, and that climatechange is real. The Good The Supreme Court left the EPA’s overall ability to regulate greenhouse gases intact.
The case before the Supreme Court is one of a number of lawsuits brought in state court by state and local governments against fossilfuel producers, primarily oil companies. They generally include a claim that producing fossilfuels has created a public nuisance in the form of climatechange.
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