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Recentering Environmental Law: A Thought Experiment

Legal Planet

How would environmental law look different and how might we be thinking about it differently? First of all, we would have had a very different understanding of the air pollution problem. We thought that the key to reducing air pollution was to require better pollution control devices.

Law 264
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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

Legal Planet

Is EPA’s new climate rule a sneaky effort to eliminate coal or a valid pollution standard? Some new arguments made by EPA convince me that it’s pursuing a time-tested approach to pollution control. Simply put, the Inflation Reduction Act has made CCS an economically feasible technology.

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

Law Columbia

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp.

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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

Through the Clean Air Act , and as affirmed—and reaffirmed—through multiple legal sagas, EPA is statutorily obligated to address carbon pollution from fossil fuel-fired power plants. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

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Ask a Scientist: Top Takeaways from the New EPA Carbon Pollution Rules

Union of Concerned Scientists

Given the EPA has the responsibility and the obligation to address carbon pollution, these standards—the first to limit carbon emissions from existing coal- and gas-fired power plants—are long overdue. Those currently operating fossil fuel plants generate 25 percent of U.S. EPA Supreme Court decision in 2022.

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Defending EPA’s Authority to Fight Climate Change – at the Supreme Court

Legal Planet

EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act in 1970. (We The Clean Power Plan never went into effect.

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Catch 22 at the Supreme Court

Legal Planet

CT , the Supreme Court said this: We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2011, in AEP v. Connecticut , 564 U. 410 (2011). Post, at 20. Download as PDF.