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The SEC’s Final Climate Disclosure Rule: Interrogating Preemption and Coherence with Other Domestic Regimes

Law Columbia

In 2008, Congress directed EPA to develop a rule to “require mandatory reporting of GHG emissions above appropriate thresholds in all sectors of the economy.” The third disclosure regime at play in the United States comes from the Environmental Protection Agency (EPA) and focuses solely on GHG emissions.

Law 70
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EPA Announces January 2011 as Likely Date for Regulation of Greenhouse Gases Under PSD Program

The Energy Law Blog

497 (2007), the Supreme Court held that greenhouse gases are “pollutants” under the Clean Air Act but left open the specific question of whether greenhouse gases could be regulated under the PSD Program. EPA, 549 U.S.

2011 40
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Climate Litigation Chart Updates – November 2016

Law Columbia

Environmental Protection Agency (EPA) had failed to fulfill its non-discretionary obligation under Section 321(a) of the Clean Air Act to conduct evaluations of loss or shifts in employment that might result from implementation of the Clean Air Act. Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D.

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October 2019 Updates to the Climate Case Charts

Law Columbia

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Center for Biological Diversity v. Bernhardt , No. 2:19-cv-14353 (S.D. filed Sept.

2019 40
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Republican House Bill Contains Natural Gas Industry Wish List Of Measures To Expand Natural Gas Drilling, Subsidize Pipeline Expansion, Automatically Approve Well Permits, Preempt Local Governments

PA Environment Daily

Fact: DCNR testified at the Senate’s March 4 budget hearing, 65 percent of the prime natural gas leases on State Forest land in 2008-2013 have not been developed. DCNR has not authorized any unconventional natural gas drilling under State Park lands. Read more here. House and Senate Republicans have been opposed to the regulations since Gov.

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The Supreme Court’s Top-10 Environmental Law Decisions

Legal Planet

EPA lost all three of the biggest cases since 2008. In this opinion dealing with a fairly technical issue under the Clean Air Act, Justice Stevens strengthened judicial deference to administrative agencies. Since Obama’s election in 2008, the two sides have more or less switched. Massachusetts v. EPA, 549 U.S.

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

In addition, Coal Industry Petitioners and another set of petitioners with members that included companies in the petroleum, trucking, forest products, and other industries, as well as individuals and nonprofit organizations, filed briefs arguing that EPA could not regulate carbon dioxide emissions from existing power plants under Section 111.

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