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EPA’s Denial of Louisiana’s Revised SIP

The Energy Law Blog

On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. To comply with the 2015 SIP Call rule, Louisiana had proposed revising its SIP by removing LAC 33:III.2201.C.8,

2015 52
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Taking Climate Change to the International Court of Justice: Legal and Procedural Issues

Law Columbia

The types of important questions that fall within this category do not include requests to the ICJ for advisory opinions. Another way to formulate the question is, “What are the obligations of states under international law to protect the rights of present and future generations against the adverse effects of climate change?”.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

1331 because the cities’ claims were “necessarily governed by federal common law.” Do State Nuisance Claims Related to Climate Change Arise Under Federal Law? the district court found that the Plaintiffs’ claims supported federal question jurisdiction because those state-law claims were “necessarily governed by federal common law.”

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Late 2018 — Bits and Pieces

Smith Enviorment

Executive Order 80 supports the 2015 Paris Agreement and sets several goals for the state to meet by 2025: Reduce state greenhouse gas emissions by 40% from 2005 levels. For background on the REPS law, see an earlier post on the first of several unsuccessful attempts to repeal the REPS standard.)

2018 52
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International Trade and “Embedded Emissions” after KlimaSeniorinnen: The Extraterritoriality of Climate Change Obligations

Law Columbia

In KlimaSeniorinnen , the ECtHR noted the general acceptance, including by Swiss authorities, that ‘the GHG emissions attributable to Switzerland through the import of goods and their consumption form a significant part (an estimate of 70% for 2015) of the overall Swiss GHG footprint’ (para.

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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

The Board was no doubt counting votes at the next election, and, in any event, was not undertaking the factual and legal analysis required of a lead agency by CEQA.

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Climate Litigation Chart Updates – November 2016

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S.

2016 40