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Environmentalism and the Supreme Court

Legal Planet

If you’re an anti-regulatory conservative, you’d probably flip these designations. This was a case under the Endangered Species Act. The Supreme Court interpreted the statute to place an absolute priority on preserving endangered species, regardless of the impact on the economy or other government goals. Army Corps of Engineers.

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NEPA in the Supreme Court: The Seven Counties Oral Argument

Legal Planet

Circuit, the statute governing new railroad lines required the agency to consider a wide range of environmental impacts in deciding whether to approve the line. Argument #3: The Court should narrow the scope of NEPA case because it was passed before the enactment of a bevy of other environmental statutes like the Clean Air Act.

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Supreme Court Sidelines Science, Threatens Public Health: These Rules-in-Progress Show What’s at Stake

Union of Concerned Scientists

If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Law Columbia

Electrification is a critical component of building decarbonization, and local governments are taking a leading role in this policy space. Berkeley decision does and does not say, local governments can better understand that many of them have options for electrifying new buildings. In exploring what the CRA v. Under EPCA, the U.S.

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Protecting Public Health Is Complicated. But Science Can Help, and the Time Is Now.

Union of Concerned Scientists

However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e. the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act), as a result, EPA programs are often implemented narrowly, not holistically.

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These Are the Critical Issues to Track with the New “Tech-Neutral” Clean Electricity Tax Credits

Union of Concerned Scientists

Most prominently, because the approach is changing from rewarding specific technologies to rewarding anything that meets the greenhouse gas (GHG) emissions threshold of “clean”—hence the “tech-neutral” label—exactly how the government goes about determining whether or not something is actually eligible will be enormously important.

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Cities, E-commerce & Public Health: 3 Legal Pathways to Limiting Freight Vehicle Emissions

Law Columbia

Tools with which to regulate emissions from freight vehicles have eluded local governments, in large part because federal law preempts many state and local vehicle standards. While there are exceptions and limited workarounds, these three federal laws are a significant challenge for local governments to navigate.