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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. 24, 2016); Alaska Oil & Gas Association v. West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

2016 40
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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. At the federal level, agricultural operations are exempt from laws intended to prevent pollution to water and to the air.

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Minnesota Can Do More to Protect People from Ethylene Oxide Emissions

Union of Concerned Scientists

EPA’s own scientists concluded in 2016 that the risk value of ethylene oxide is 60 times more toxic than previously understood. Exposure to ethylene oxide by breathing it in the air is associated with cancers of white blood cells, such as non-Hodgkin’s lymphoma, as well as breast cancers. Here’s how.

2016 198
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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

Legal Planet

percent of the MY 2016 fleet and were actually only 2 percent. version of the rule] Thus, while the Clean Power Plan directly managed the fuel mix of utilities, the connection between the rule and automotive power sources is much more flexible. Climate change strengthens the argument on behalf of the new standards.

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Toyota SUV adverts banned in UK on environmental grounds

Corp Watch

For example in 2009 and 2010, Toyota recalled over 10 million vehicles over unintended acceleration problems and in 2016, Toyota recalled 1.4 T accusing the companies of violating consumer protection laws and engaging in fraud by concealing the use of substandard metal components in vehicles. In 2018, Toyota was ordered to pay out $21.9

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Improving EPA’s Latest Ozone Transport Rule

Acoel

The proposed rule would provide de minimus air quality benefits in downwind areas with extremely high costs – estimated by EPA at $22 billion discounted 2016 dollars for the 2023-2042 period. The agency’s air quality modeling indicates that most areas would receive an ozone reduction of less than 0.1 ppb by 2025.

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Clean Power Plan: The Legal Battle Continues

The Energy Law Blog

Arguments in the “core legal issues” brief include: The Clean Air Act does not authorize EPA to make such sweeping changes to how electricity is generated and transmitted in the United States. The Clean Power Plan usurps authority given to States by the U.S. Constitution and the Clean Air Act.