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The Ten Most Important U.S. Environmental Laws

Legal Planet

In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. I included all laws passed in the U.S., not just federal regulatory laws, and some of my selections may not be what you expected.

Law 258
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Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice

Law and Environment

Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations. Either way, whether you are a potential plaintiff or a potential defendant, this case warrants careful reading.

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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. Nuclear power regulation D. Here goes: I.

Law 218
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The U.S. Supreme Court & Environmental Law in 2024

Legal Planet

It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. An environmental law dispute to be sure, but relatively mundane stuff. Supreme Court has agreed to decide this year. Over the past four decades, U.S.

Law 147
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Taking A Data-Driven Tour of Air Pollution Law

Legal Planet

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. Some of the findings are not surprises: stricter regulations actually do result in improved air quality. Many people identify that discipline with cost-benefit analysis and assume that economists are opposed to regulation.

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Guidance Is Still Not the Same as Regulation

Law and Environment

In rejecting Montana’s SIP, EPA repeatedly pointed to Montana’s failure to comply with EPA’s guidelines for determining Best Available Retrofit Technology, even though the guidelines were not enforceable regulations. Congress required in the Clean Air Act that EPA develop guidelines for determining BART.

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America’s Leading Environmental Court

Legal Planet

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in years to come. It deserves more.