Legal Planet
AUGUST 26, 2021
The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. In an opinion by Justice Stevens, the Court held that the threat of sea level rise gave a state government standing to bring the suit. American Trucking Associations. Army Corps of Engineers. Michigan v.
Legal Planet
AUGUST 7, 2023
One tries to combine two lines of precedent to argue that state liability rules were preempted by federal liability rules, but that the federal liability rules themselves were displaced by the Clean Air Act so no basis for liability remains. I don’t expect this argument to win in state court.
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Environment Next
FEBRUARY 1, 2022
In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—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.
Legal Planet
SEPTEMBER 30, 2021
In an article about loss of coastal land in Louisiana, Oliver Houck observed that sea level rise might pose a “grim” long-term threat to the coast but had had little effect to date. For instance, Weiss wrote the year after the Superfund law was passed and barely a decade after the Clean Air Act went into effect.
Law Columbia
OCTOBER 25, 2017
First, new research has traced to just 90 fossil fuel firms the following percentages of anthropogenic carbon dioxide and methane emissions, global mean surface temperature (GMST), and global sea level rise (GSL): From 1880 to 2010: GHGs: 57% GMST: 42–50% GSL: 26–32%. From 1980 to 2010: GHGs: 43% GMST: 29–35% GSL: 11–14%.
Legal Planet
NOVEMBER 28, 2022
At the very least, cities and counties could recoup some of the costs they are forced to spend on climate adaptation measures, such as building sea level rise defenses, or other costs incurred because of climate change, such as loss of tourist revenue. But localities must first establish that courts have jurisdiction to hear the cases.
Law Columbia
AUGUST 31, 2022
The database does not include six Congressional references to sea level rise (such as in appropriations to the Department of Defense to help preparing military bases) that did not explicitly mention climate change.
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