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50 Years Ago: Environmental Law in 1973

Legal Planet

In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. Like today, 1973 was a time of political turmoil. The first EPA Administrator took office in 1971.

Law 182
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What Next for the Climate Tort Cases?

Legal Planet

That brings us to the second argument that companies could make, that any deception claims relate to speech intended to influence the political process and that political speech is exempt from liability even if it is false. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.

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What’s Been Killing U.S. Coal?

Legal Planet

The passage of the 1970 Clean Air Act and its major 1990 Amendments don’t show up at all in a graph of coal use. Politically, what has happened to coal jobs may be more salient. And what sparked the ensuing plunge in coal use starting with Obama’s presidency?

2012 278
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Environmentalism and the Supreme Court

Legal Planet

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.

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Why UCS Supporters Are Pressing EPA to Let California Enforce Its Truck Pollution Rules

Union of Concerned Scientists

California has a longstanding leadership role on transportation pollution, and the Clean Air Act grants the state the right to set strong vehicle emissions standards. While the waiver addresses California’s ability to enforce its rules, the Clean Air Act also allows other states the ability to adopt California’s policies.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

What has not been abundant is the political will to enact these reforms, and CARB’s reluctance to initiate a rulemaking reflects this trend. It won’t be easy to find a regulatory pathway that properly abates methane emissions, improves community health outcomes, and is politically palatable. To CARB, installing digesters is a win-win.

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The Supreme Court’s Latest Decision Is a Blow to Stopping Climate Change

Union of Concerned Scientists

The petitioners who brought this case include state-level political officials and coal companies who are single-mindedly determined to block climate action and perpetuate fossil fuel dependence to serve their narrow political or business interests. With this decision, the Court has instead hamstrung that authority.