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Recentering Environmental Law: A Thought Experiment

Legal Planet

How would environmental law look different and how might we be thinking about it differently? First of all, we would have had a very different understanding of the air pollution problem. We thought that the key to reducing air pollution was to require better pollution control devices.

Law 269
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PennEnvironment, Clean Air Council Win Record $42 Million Air Pollution Settlement Covering 3 US Steel Facilities In The Mon Valley, Pittsburgh

PA Environment Daily

District Court on Monday a proposed consent decree in settlement of their federal Clean Air Act lawsuit against United States Steel Corporation. This historic announcement shows that we will not sit by while illegal air pollution rains down on nearby communities and the Pennsylvanians who live in them." Steel spent $17.5

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Emerging Local Legal Pathways for Building Electrification: Air Pollution and Land Use Regulation in New York City & Brookline, Massachusetts

Law Columbia

This week marked significant growth for the building electrification movement, as the legal pathways in use by local governments to catalyze electrification doubled in number. This week’s advancements offer two new models for local governments looking to require or promote building electrification: air pollution and land use regulation.

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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

The CAA’s emphasis on not just “reduction” but “elimination” of pollutants begins in its preamble , where Congress highlights pollution prevention as a key strategy for air quality management and provides the legal foundation for states’ and local governments’ roles. The Supreme Court in Union Electric Company v.

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BERDO Implementation Picks Up Speed — Better Get Ready

Law and Environment

The Air Pollution Control Commission will later hold a “formal” public comment period at a time TBD. Phase II will include provisions governing the standard emissions factors; alternative compliance mechanisms; how to establish either hardship emission limits or compliance timelines; and exemptions.

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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 69
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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. at 528–529. 7411(b)(1)(B); see also §7411(a)(2). Connecticut , 564 U. 410 (2011). Post, at 20.