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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. State Air Resources Board , No.
This is defined as the ability or desire to sustain a resource at a certain level and based on three scientific principles: increased dependence on renewableenergy, biodiversity, and chemical cycling. The CleanAirAct is an excellent example of this following the publication of Rachel Carson's book Silent Spring.
Many such companies further those goals through transacting for carbon offsets and entering into renewableenergy attribute purchase agreements including ‘virtual power purchase agreements’ or VPPAs. The proposal could drive increased demand for such transactions from public companies as well as their suppliers and their customers.
A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). Murray Energy Sought Supreme Court Review of Fourth Circuit’s Dismissal of CleanAirAct Jobs Study Case.
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. Conservation Law Foundation (CLF) and the Town of Saugus had appealed the MassDEP’s decision.
I’m not including laws that simply incentivize cleanenergy or those that fund pure science, even though both are vitally important parts of climate policy. Climate first cropped up in the CleanAirAct of 1970. Next up was the Global Climate Protection Act of 1987 , which was signed by Ronald Reagan.
The Washington Supreme Court concluded that the Washington CleanAirAct did not grant the Department of Ecology authority to regulate indirect greenhouse gas emissions of businesses and utilities whose products ultimately generate such emissions. Trump , No. 4:19-cv-00028 (D. WildEarth Guardians v. Bernhardt , No.
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. And in 2022 alone, U.S.
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.
A climate change-related argument rejected by the trial court—that sealevel rise projections in the Plan were too high and not based on best available science—did not appear to have been before the appellate court. Delta Stewardship Council Cases , Nos.
EPA’s 2024 Power Plant Rules EPA is required to regulate power plant emissions under Section 111 of the CleanAirAct. We also argue that the Power Plant Rules fall well within EPA’s authority to regulate power plants and that the rules reflect the cooperative federalism that underlies Section 111 of the CleanAirAct.
Supreme Court reversed the Tenth Circuit and upheld “extension[s]” of exemptions from renewal fuel program requirements for three small refineries. The CleanAirAct provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.”
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 CleanEnergy rule. The states asserted counts under the Administrative Procedure Act and of ultra vires action.
National Audubon Society alleged that the rule “vastly expands potential sand mining projects in delicate coastal barriers” and further alleged that coastal barriers would become even more important due to climate change and were expected to mitigate $108 billion of sealevel rise and flooding damages over the next 50 years.
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