Union of Concerned Scientists

JULY 1, 2024

Last Friday, the Supreme Court overruled the 40-year-old Chevron doctrine , fundamentally changing the landscape of federal regulatory power. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively. This could hinder efforts to implement climate policies at the federal level.

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Legal Planet

AUGUST 7, 2023

First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climate change because there was uncertainty about the topic and it was controversial. Are the lawsuits preempted by federal law? There are Supreme Court cases that give broad protection against “compelled speech.”

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Legal Planet

AUGUST 26, 2021

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards.

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Law and Environment

JULY 1, 2022

The decision focuses on EPA’s authority under a specific section of the Clean Air Act. 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? .

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Legal Planet

SEPTEMBER 30, 2021

Today, climate change is the central, though by no means the only, concern in environmental law. The earliest mentions of these terms in the law review literature came in the late 1970s, and only one of the pre-1985 discussions took a comprehensive look at the problem. Awareness of the issue began slowly, however.

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Environment, Law, and History

DECEMBER 11, 2020

President Nixon signs the Clean Air Act of 1970 Richard Revesz recently posted a piece on climate change regulation, " Bostock and the End of the Climate Change Double Standard" , forthcoming in the Columbia Journal of Environmental Law.

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Legal Planet

NOVEMBER 28, 2022

Local actors seek climate change 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 climate change adaptation and mitigation. Individuals, too, have brought state law cases.

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Legal Planet

OCTOBER 18, 2022

The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. In virtually all other nations, enforcement of water pollution control and other environmental laws is the sole responsibility of government regulators. (credit: Amazon). Environmental Protection Agency.).

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Legal Planet

JULY 12, 2023

The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the state constitution’s guarantee to a “clean and healthful environment.” Whether climate change impacts to Montana’s environment can be measured incrementally.

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Energy & the Law

JULY 31, 2022

A special thanks to Derek Younkers, a soon-to-be 1L at Baylor Law School, who gathered the material for this post. The common denominator is that the suits are filed in state court and allege only state law claims. The claims here are failure to warn, concealment of known hazards, and other state law claims. Suncor Energy .

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Union of Concerned Scientists

APRIL 20, 2023

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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Legal Planet

SEPTEMBER 6, 2022

Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The law also includes funding for offshore wind energy and electricity grid improvements, as well as incentives for electric vehicles and appliances.

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Union of Concerned Scientists

MAY 14, 2025

By bypassing regulatory processes and silencing scientific expertise, the Trump administration is seeking to gut efforts to address the impacts and economic damage caused by climate change, and the impacts of toxics exposures to the American people. These waivers ensure that certain favored companies can operate outside the law.

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Law and Environment

DECEMBER 17, 2021

That coal is now going out with little more than a whimper gives me hope that opposition to measures to address climate change may also fade away faster than currently seems possible. The post Another Nail In Coal’s Coffin first appeared on Law and the Environment. As Ameren noted in its filing with the Court: .

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Law and Environment

AUGUST 27, 2021

The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act 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.

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Environment Next

FEBRUARY 1, 2022

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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Legal Planet

OCTOBER 26, 2023

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.

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The Energy Law

JUNE 2, 2020

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 climate change adaptation program.

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The Energy Law

DECEMBER 20, 2023

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 climate change.” District of Columbia v. Exxon Mobil Corporation, et al.,

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Clean Air Act Climate Change Law Air Pollution 98

Law and Environment

MARCH 10, 2022

EPA has now formally restored its waiver under § 209(b) of the Clean Air Act 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.

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Environment, Law, and History

NOVEMBER 7, 2022

The Court had long heard other law suits between states, but this was apparently the first one to involve pollution. an interstate air pollution case. Very briefly, here were some of their longterm impacts: International law. This principle is now famous in international law as the Smelter Trail rule. Climate change.

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Law Columbia

OCTOBER 25, 2017

We know that burning fossil fuels is the main cause of anthropogenic climate change, and that climate change 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 climate change to the public and political leaders.

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Fossil Fuels Climate Change Clean Air Act Sea Level 52

Law Columbia

AUGUST 31, 2022

Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The Sabin Center’s collection of congressional references to climate change can be accessed here.

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Law Columbia

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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Clean Energy Law

DECEMBER 21, 2023

A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. The California Attorney General, the California Air Resources Board (CARB), and a group of environmental NGOs intervened in defense of Rule 2305. labor laws). [15]

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Acoel

AUGUST 14, 2023

My presentation was titled: Environmental Disasters that Led to Environmental Laws. This presentation reminded me of how our environmental laws in this country have been enacted. As many of us know well, most major federal environmental laws were enacted on the heels of major environmental disasters. So what’s next?

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Law Climate Change Clean Air Act Clean Water Act 52

Law Columbia

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. By Michael Burger. BP P.L.C. , BP P.L.C. ,

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Climate Change Fossil Fuels Law Clean Air Act 52

MGKF Law

APRIL 29, 2021

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 climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question.

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Law Columbia

MARCH 8, 2023

The Sabin Center for Climate Change Law and Environmental Defense Fund have just launched IRAtracker.org. Source: iratracker.org The IRA is this country’s largest climate investment to date. Tracking IRA Implementation The IRA Tracker will monitor how federal agencies are implementing the law.

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Union of Concerned Scientists

AUGUST 21, 2024

The statute points to section 211(o)(1)(H) of the Clean Air Act 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.

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MGKF Law

JUNE 30, 2022

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.

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PA Environment Daily

JULY 3, 2023

Shapiro Parlay Popularity Into A State Budget Win? -- TribLive: 4th Week Of Pittsburgh Synagogue Attack Trial Focused On Mental Health -- WESA: PA Lacks Certain Gun Laws Despite Support, Survey Finds -- TribLive: Public Menace Or Family Fun? Fireworks In Pennsylvania -- Post-Gazette: Fmr U.S.

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Clean Air Act Radiation Electricity Politics 109

Law Columbia

JULY 2, 2024

A highly potent greenhouse gas, methane makes a significant contribution to climate change, but has historically received relatively little attention in climate mitigation discussions. That is now beginning to change. laws governing methane removal via atmospheric oxidation enhancement (AOE). state and local law.

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MGKF Law

FEBRUARY 27, 2025

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 climate change in Platkin v. Exxon Mobil Corp (N.J. MER-L-001797-22).

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Environmental Science

SEPTEMBER 7, 2018

What is Environmental Law? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmental law” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework. Sponsored Content.

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Law Columbia

MARCH 29, 2024

Part Two considered the future of the climate disclosure rule in the context of the SEC’s rulemaking process. Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime.

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MGKF Law

JANUARY 2, 2025

2024), the Montana Supreme Court affirmed a trial court decision striking down state law provisions that barred state agencies from considering greenhouse gas (“GHG”) emissions in permitting decisions, finding the law violates the environmental rights guaranteed by the Montana Constitution.

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