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

Law Columbia

Part Three, below, explores preemption questions in the context of other domestic frameworks: California’s climate-disclosure laws and the Environmental Protection Agency (EPA)’s GHG emissions reporting regime. Preemption of a state law arises under the Supremacy Clause in the Constitution.

Law 70
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The Infamous Failure of the Eco-Patent Commons and the Quiet Success of the WIPO Green Project: What We Can Learn About Disseminating Green Tech to Developing Countries

Vermont Law

The Commons was a 2008 initiative spearheaded by IBM, and ultimately joined by twelve additional. Clugston is a professor of law at Keimyung University in Daegu, South Korea. His teaching and research focus on law and technology topics, including those areas where the intellectual property laws overlap with environmental issues.

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Federal Courts Need to Allow the EPA to Clear the Air

Vermont Law

The EPA’s cap-and-trade program to control smog in the Central and Eastern United States is lawful and wise, and the Supreme Court should overturn the D.C. CSAPR is both lawful under the CAA and good policy. The EPA then assumed that each polluter in the NO. were controlled by CAIR in order to control both ozone and PM.

Ozone 40
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Fighting Big Coal––Washington Judge Allows Novel Clean Water Act Citizens’ Suit to Proceed

Vermont Law

list of dates and locations since 2008, and even provided an appendix of dates and locations where [they] believed BNSF to have discharged pollutants in the manner described.”. The court went on to state that “[t]o require more… would be to require the ‘impossible’ upon citizens seeking to enforce the law.”.

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Violations of Environmental Terms in Federal Oil and Gas Lease Insufficient to Support a Claim under the False Claims Act

The Energy Law Blog

06-31238, 2008 WL 588745 (5th Cir. 2008), the Fifth Circuit Court of Appeals affirmed the district court’s decision to dismiss a qui tam action brought under the Federal Claims Act (FCA). Moreover, the speculative fines at issue did not arise directly out of the government lease, but arose out of general environmental laws.

2008 40
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Fifth Circuit Vacates EPA’s Disapproval of the Texas Flexible Permits Program

The Energy Law Blog

To determine the amount of the emissions cap, the state agency (Texas Natural Resource Conservation Commission, which later became the Texas Commission on Environmental Quality (“TCEQ”)) would first determine the corresponding emissions from each emissions unit under the cap if it had pollution controls at the BACT level.

2012 40
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EQB Meets June 14 On Revised Final Regulation Reducing Methane Emissions From Just Unconventional (Shale Gas) Wells, Facilities; Working On Conventional Reg.

PA Environment Daily

An objection to that regulation was raised by the Republicans on the House Environmental Resources and Energy Committee questioning whether the regulation met the requirements of a 2016 law (Act 52) requiring separate regulations for conventional oil and gas operations. Read more here.