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The case involved the lynchpin of the CleanAirAct, EPA’s power to set national air quality standards. In an opinion by Justice Stevens, the Court held that the threat of sealevel rise gave a state government standing to bring the suit. Utility Air Resources Group (UARG) v. Army Corps of Engineers.
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.’”.
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.
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. EPA , the decision in which the Supreme Court rejected EPA’s arguments for not treating greenhouse gas emissions as pollutants under the CleanAirAct.
The database collects Congress’s references to climate change, along with related terms and concepts like global warming and greenhouse gases. Image by JessicaRodriguezRivas pursuant to a Creative Commons Attribution-Share Alike 4.0 International license.
This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure.
billion tons of greenhouse gas emissions into our atmosphere—the equivalent of 300 coal-fired power plants—and these facilities are sited in predominantly low-income communities and communities of color. More plastic means more pollution—for the climate, coastal communities and our ocean. By 2030, plastic production will contribute 1.3
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 CleanAirAct. Fourth Circuit Said West Virginia District Court Lacked Jurisdiction to Consider Coal Companies’ CleanAirAct Jobs Study Lawsuit. DECISIONS AND SETTLEMENTS.
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.
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.
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.
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.,
In addition, the court rejected the contention that the CleanAirAct 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.
establishing that heat-trapping emissions (or greenhouse gas emissions) are air pollutants covered by the CleanAirAct. The court further mandated that, under the CleanAirAct, the EPA must set protective standards for global warming pollutants if the agency found them to be harmful to human health and welfare.
The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which they attribute to the greenhouse gas emissions the companies’ products have released into the atmosphere.
establishing that heat-trapping emissions (or greenhouse gas emissions) are air pollutants covered by the CleanAirAct. The court further mandated that, under the CleanAirAct, the EPA must set protective standards for global warming pollutants if the agency found them to be harmful to human health and welfare.
EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the CleanAirAct. While the CleanAirAct (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched.
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sealevel along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” ExxonMobil Corp. applied federal common law.
The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sealevel rise and damage to their property. Circuit Stayed Greenhouse Gas Emissions Standards for Truck Trailers.
EPA of a 2015 rule barring replacement of ozone-depleting substances with hydrofluorocarbons (HFCs), which are powerful greenhouse gases. The court also found that denial of the permit application based on State Environmental Policy Act substantive authority was not clearly erroneous. Circuit’s partial vacatur in Mexichem Fluor, Inc.
Circuit Declined to Speed Up or Slow Down Challenges to Withdrawal of California Waiver and Preemption of State Authority to Regulate Vehicle Greenhouse Gas Emissions. Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions. Oregon Court Reinstated Clean Energy Ballot Initiatives. Trump , No.
Several states and industry groups are challenging EPA’s 2024 rules which set greenhouse gas emissions limits for certain fossil fuel power plants nationwide (referred to here as the Power Plant Rules). This case will have a major impact on how and when power plants must reduce their greenhouse gas emissions.
The CleanAirAct provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” ruled in 2019 that BLM had failed to adequately assess the potential impacts of greenhouse gas emissions for certain oil and gas leases in Wyoming.
The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. s challenge to the constitutionality of the linkage between California’s greenhouse gas emissions cap-and-trade program and Quebec trading program. United States v.
The plaintiffs—identified as environmentalists, environmental groups, natural resource conservation groups, and cattle ranchers—alleged, among other things, that the immigration actions resulted in increased greenhouse gas emissions. Oatly Group AB , No. 1:21-cv-06485 (S.D.N.Y., filed July 30, 2021); Jochims v. Oatly Group AB , No.
Starting July 1, Sea-Level Rise Studies Required for Florida Gov’t Coastal Structures – Insurance Journal. EPA: On July 6, 2022, Georgetown Climate Center convened a webinar of CleanAirAct legal experts to explore questions arising in the wake of the Supreme Court’s West Virginia v. International. EPA decision.
But it has passed laws regulating two powerful greenhouse gases, and some other climate laws stretching back over the past five decades. I’m not including laws that simply incentivize clean energy or those that fund pure science, even though both are vitally important parts of climate policy.
Assessing cumulative impacts means agencies would analyze the ramifications for climate change by weighing how many greenhouse gases projects and decisions unleash at the end of the value chain. EPA – CleanAirAct Advisory Committee Meeting (Oct. EPA – Meeting of Mobile Sources Technical Review Subcommittee (Oct.
Sean Casten (D-IL) ‘s Climate Risk Disclosure Act ( H.R. This bill requires publicly listed companies to disclose their greenhouse gas emissions and how climate change will impact their businesses to the Securities and Exchange Commission. EPA – Proposed Consent Decree, CleanAirAct Citizen Suit. Justice Dept.
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