Make America’s Environment Filthy Again
Legal Planet
MARCH 12, 2025
And buried within the list of 31 is a huge bombshell: the “reconsideration” of EPA’s finding that greenhouse gases endanger public health and welfare under the Clean Air Act.
Clean Air Act Greenhouse Politics 
Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?
Legal Planet
OCTOBER 26, 2023
To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. Agricultural operations are almost uniquely unregulated.
Regulations 
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Governor Newsom Should Veto These Four Bills
Legal Planet
SEPTEMBER 27, 2024
If signed, the state would have to withdraw Clean Air Act waiver requests already in process with the Environmental Protection Agency. Moreover, even a delay in the implementation of the standards delays cleaning up our air and cutting greenhouse gasses.
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Environmentalism and the Supreme Court
Legal Planet
AUGUST 26, 2021
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. Among other things, the Clean Air Act gives federal protection to wetlands.
Clean Air Act 246
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The Origins of Climate Awareness in the Legal Academy
Legal Planet
SEPTEMBER 30, 2021
Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. The other article about nuclear power also observed in passing that “coal combustion may disrupt global weather patterns by increasing the amount of carbon dioxide in the atmosphere, creating a ‘greenhouse effect.’”.
Carbon Dioxide 203
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Supreme Court Sidelines Science, Threatens Public Health: These Rules-in-Progress Show What’s at Stake
Union of Concerned Scientists
JULY 9, 2024
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. It was not a catchy slogan to write on a cardboard sign, but the message is important to all of our lives.
What Happened During the Montana Youth Climate Trial
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.” The admission says a lot about political will. I’m kidding, but only slightly.)
Fossil Fuels 246
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US Supreme Court Limits EPA’s Authority to Establish Emission Guidelines for the Power Sector
MGKF Law
JUNE 30, 2022
EPA , the Supreme Court limited the authority of the United States Environmental Protection Agency (EPA) to reduce greenhouse gases by setting emission guidelines for existing power plants, characterizing the energy generation shifting strategy proposed in the Clean Power Plan (CPP) as an overreach of the agency’s power.
Unraveling LA’s Hydrogen Combustion Experiment
Legal Planet
MARCH 6, 2023
But with the recent influx of government incentives for hydrogen production, new and improving production and storage technologies, and greater political will than ever before, H 2 ’s reputation is gaining favor. All this is not to say there is no place for hydrogen in a clean energy future.
Natural Gas 147
147 
State Air Regulations Can Go Above and Beyond National Standards
Legal Planet
AUGUST 22, 2023
States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.
Regulations 130
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Can Fossil Fuel Companies Be Held Liable for Climate Change?
Law Columbia
OCTOBER 25, 2017
Those impacts—sometimes irksome, sometimes devastating—are increasingly obvious, and the causal mechanisms that connect them to the emission of greenhouse gases increasingly well understood. Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders.
Fossil Fuels 52
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Climate in the American legal academy
Environment, Law, and History
JANUARY 12, 2022
In particular, he said, “reliance upon coal, on the other hand, could aggravate the ‘greenhouse effect,’ whereby excess carbon dioxide (which accompanies coal burning) traps heat inside the earth’s atmosphere, thus possibly melting the icecaps and raising the level of the oceans.” Third, there was so much else going on in environmental law.
Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York
Law Columbia
MAY 23, 2018
These arguments – about displacement of federal law, preemption of state law, the foreign affairs power, political question, standing, the applicability of common law to defendants’ activities, causation, and so on – will recur in the other lawsuits, when they get to the motion to dismiss phase.
12 Legal Tools to Push Climate Preparedness
Law Columbia
DECEMBER 5, 2019
Reducing greenhouse gas emissions should be the highest priority, but that won’t be enough to prevent severe impacts, some of which are already occurring. Toxic sites – The remediation of contaminated sites under the Comprehensive Environmental Response, Compensation and Liability Act and other programs should reflect future flood risk.
July 2017 Updates to the Climate Case Charts
Law Columbia
JULY 6, 2017
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ Clean Air Act Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
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Environmental Law: Government and Public Policy Towards the Environment
Environmental Science
SEPTEMBER 7, 2018
For example, the ongoing debate over the impact of certain pesticides in agriculture , greenhouse gas emissions are often a battle between the science and industry's attempts to muddy the science and government lobbying to roll back legislation (2). Air emissions : Any gas emitted into the atmosphere from industrial or commercial activity.
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Climate Litigation Chart Updates – November 2016
Law Columbia
NOVEMBER 1, 2016
Environmental Protection Agency (EPA) had failed to fulfill its non-discretionary obligation under Section 321(a) of the Clean Air Act to conduct evaluations of loss or shifts in employment that might result from implementation of the Clean Air Act. Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D.
2016 40
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Climatology: The Science of Global Weather Systems over the Long Term
Environmental Science
JULY 22, 2018
Much of the discussion of climatology in public discourse concerns anthropogenic climate change - the contribution of human activity to such events as carbon particles, greenhouse gases, and their effects such as the Greenhouse Effect and coral bleaching. As atmospheric particles increase, so does air density. Greenhouse Gases.
Atmosphere 52
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State “Climate Superfund” Bills: What You Need to Know
Law Columbia
MARCH 14, 2024
These state-level “Climate Superfund” bills are modeled on the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, which imposes liability on multiple parties, including the generators of waste, for the cleanup of contaminated sites.
Fossil Fuels 64
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Stronger Fuel Economy Standards Are Needed to Clean Up Combustion Vehicles
Union of Concerned Scientists
OCTOBER 4, 2023
However, with the oil crisis in the rear-view mirror, then-President Ronald Reagan acceded to requests from Ford and General Motors to reduce fuel economy standards for a few years, and the political will to strengthen the program petered out. However, this falls short of what can be accomplished in this time frame.
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EPA and the Student Loan Decision
Legal Planet
JULY 20, 2023
Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.
Clean Air Act 189
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Cars, Smog, and EPA
Legal Planet
AUGUST 24, 2023
The reason may have been the high political stakes in the car industry or the relatively easier task of setting standards for new products in a single industry using a single energy process. The initial standard, set in the 1970 Clean Air Act, was 3.1 grams per mile (gpm) for NOx. When fully phased in, they will set a 0.7
Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
Law and Environment
AUGUST 17, 2023
The proposal requires companies to report information related to “Scope 1” direct carbon emissions (think fuel use and greenhouse gases), “Scope 2” indirect carbon emissions (e.g., purchased energy and electricity), and for some companies to report on information related to “Scope 3” carbon emissions (i.e.,
Carbon Emissions 130
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Ripe for Disaster Declarations: Heat, Wildfire Smoke…and Death Data
Union of Concerned Scientists
JULY 15, 2024
Such smoke is not covered by the Clean Air Act , and there is growing evidence that it is eroding decades of gains in the nation’s air quality under the act. This would represent a huge transfer of wealth from richer to poorer members of our society, a dicey proposition in today’s political environment.”
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State Law Climate Damage Cases (Still) Belong in State Court
Law and Environment
FEBRUARY 9, 2022
The most important issue in the case was whether the Clean Air “completely preempted” state law claims. I remain skeptical that the Court is as apolitical as justices of all political stripes would have us believe, but I certainly think that the 10 th Circuit got it right and I would both hope and expect SCOTUS to agree.
Law 130
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EPA Unveils Proposed Methane Pollution Reduction Standards Covering Oil & Gas Facilities, Including Conventional Oil & Gas Wells
PA Environment Daily
NOVEMBER 11, 2022
Methane is a potent greenhouse gas that traps about 80 times as much heat as carbon dioxide, on average, over the first 20 years after it reaches the atmosphere and is responsible for approximately one third of the warming from greenhouse gases occurring today. can take in the short term to slow the rate of climate change.
Natural Gas 52
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Vietnamese blogger who filmed chemical spill protests released from prison
Corp Watch
JANUARY 17, 2024
James successfully sued to subject Formosa to an environmental review over the 800 tons of toxic air pollutants as well as the 13.6 million tons of greenhouse gases that the project is expected to emit annually. Political Influence Open Secrets - Tracks corporate lobbying of US politicians. Texas, and Formosa Plastics Corp.,
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Shell’s reckless divestment from Niger Delta
Corp Watch
MARCH 1, 2024
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
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Address Impact Of Operations In Niger Delta Before Selling SPDC – CSOs Tell Shell
Corp Watch
JANUARY 26, 2024
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
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New Shell documents could aid climate cases, attorneys say
Corp Watch
JANUARY 25, 2024
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
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Shell faces shareholder rebellion over climate activist resolution
Corp Watch
JANUARY 17, 2024
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
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Allegations of extensive sexual abuse at Kenyan offsetting project used by Shell and Netflix
Corp Watch
NOVEMBER 8, 2023
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
52 
Shell angers climate activists with plan for $23bn shareholder payout
Corp Watch
NOVEMBER 6, 2023
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
52 
Shell called out for promoting fossil fuels to youth via Fortnite game
Corp Watch
OCTOBER 13, 2023
Environmental Groups Sue Shell Oil for Clean Air Act Violations at Deer Park Refinery and Chemical Plant Mike Metzger | Environment Texas | January 7, 2008 Sierra Club and Environment Texas filed a lawsuit today in federal district court against Shell Oil Company and several affiliates.
Fossil Fuels 52
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Conservation: History and Future
Environmental Science
SEPTEMBER 14, 2018
President John F Kennedy introduced the Clean Air Act in the US as one of many introduced in developed nations with heavy industry (15). It acts as a counterbalance to the culture of “indifference” that many feel exist towards resource use under modern economic systems since the Industrial Revolution.
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EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years
Law and Environment
MAY 12, 2023
It was the at the core of the previous challenge to President Obama’s Clean Power Plan, which the Supreme Court rejected in West Virginia v. Of course, the sector largely made the shift on its own because of economics, even though the Clean Power Plan was held up in litigation and never went into effect.) For more on West Virginia v.
Greenhouse 130
130 
Automakers are Partnering with an Ohio Senator to Decrease Consumer Choice and Increase Pollution
Union of Concerned Scientists
APRIL 1, 2025
This would ensure that manufacturers are only compliant with the least protective regulation in any given year, including a provision that would actually allow manufacturers to simply buy their way out of compliance with the Clean Air Act, something that is explicitly disallowed under current law. automakers were shunning.
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The Supreme Court’s Top-10 Environmental Law Decisions
Legal Planet
MAY 16, 2024
In this opinion dealing with a fairly technical issue under the Clean Air Act, Justice Stevens strengthened judicial deference to administrative agencies. This case was a deviation from Scalia’s pattern: he voted to uphold EPA’s air quality standards. NRDC, 467 U.S. 837 (1984 ) (Justice Stevens). Massachusetts v.
Law 147
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“Major Questions” for Texas (and for the Environment)
Legal Planet
MARCH 9, 2023
In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e.,
Clean Air Act 130
130 
October 2019 Updates to the Climate Case Charts
Law Columbia
OCTOBER 7, 2019
In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. The court dismissed the proceedings 11 days after the effective date of the U.S.
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Seattle, King County & Nonprofits Challenge Washington’s Ballot Initiative Preempting Local Efforts to Phase Out Natural Gas
Law Columbia
DECEMBER 20, 2024
It similarly prohibits the states energy code and state regulatory bodies from prohibit[ing], penaliz[ing] or discourag[ing] building gas use, and it repeals zero greenhouse gas building objectives. In legal terms, cities and other local governments are political subdivisions of the states in which they are located.
Natural Gas 59
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The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change
Law Columbia
APRIL 23, 2021
But in this blog post, I unpack an aspect of the decision where I think it was more of a mixed bag: the court’s treatment of the international air pollution provision of the Clean Air Act, Section 115. The headline here is that the Second Circuit found that Section 115 authorizes the U.S. Alternatively, the U.S.
U.S. Supreme Court v. EPA Climate Rule
Smith Enviorment
JULY 12, 2022
EPA held the Obama administration’s Clean Power Plan Rule exceeded EPA’s authority under the Clean Air Act. Three key takeaways from the court’s decision: The Court did not rule that EPA lacks authority to regulate greenhouse gas emissions from power plants or other sources. The West Virginia v.
November 2017 Updates to the Climate Case Charts
Law Columbia
NOVEMBER 7, 2017
The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Circuit Stayed Greenhouse Gas Emissions Standards for Truck Trailers. Republican National Committee , No. 3:17 -cv-00123 (W.D.
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