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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.

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Environmentalism and the Supreme Court

Legal Planet

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant. The regulation’s coverage was at issue. Army Corps of Engineers.

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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. And, most relevant here, §7411(d) then requires regulation of existing sources within the same category.

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

Law Columbia

This post is the third in a series of blogs that address specific legal features of the rule: Part One offered a summary of the final rule, and delved into the materiality threshold that was added throughout the rule, including for greenhouse gas (GHG) emissions disclosure. See, e.g. , Rice v. Santa Fe Elevator Corp. , 218 (1947)).

Law 70
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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

Legal Planet

Conservative groups have claimed since then that virtually every government regulation raises a major question. None of these apply to the new car rule: The new rule is based on a legal provision that EPA has applied for decades to regulate cars, rather than an obscure and rarely used legal provision. The rule is not unprecedented.

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EPA Releases White Paper For Comment On Reducing Climate Pollution From New Natural Gas-Fired Electric Generation

PA Environment Daily

Environmental Protection Agency issued for public input a draft white paper on control techniques and measures that could reduce greenhouse gas (GHG) emissions from new stationary combustion turbines. On April 21, the U.S. These turbines, which are currently projected to be a significant part of U.S.

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Opinion of the Court in Utility Air Regulatory Group v. EPA Displays a Curious Alignment of Justices

Vermont Law

Summary: Last week the Supreme Court handed down its second Clean Air Act case of the term, Utility Air Regulatory Group v. The case involved a challenge to EPA’s attempt to regulate greenhouse gases in the Prevention of Significant Deterioration (PSD) program of the Clean Air Act.