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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’s advancements offer two new models for local governments looking to require or promote building electrification: air pollution and land use regulation. 2317, which would amend the City’s building code to limit greenhouse gas emissions from new and renovated buildings to 50 kilograms of carbon dioxide per million BTUs.

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State Air Regulations Can Go Above and Beyond National Standards 

Legal Planet

That theme continues throughout, from the Prevention of Significant Deterioration program , which helps protect attainment areas from pollution caused by new sources, to ongoing monitoring requirements for attainment areas. Thus, the CAA sets a floor for regulation of air pollution, not a ceiling.

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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. Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act.

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EPA: Pennsylvania One Of 45 States, MSAs To Submit Priority Climate Action Plans As Part Of $5 Billion Climate Pollution Reduction Grant Program

PA Environment Daily

DEP said it has the statutory authority in the 1995 law that created the agency, the state Air Pollution Control Act and other laws to establish grant and funding programs to implement the Plan. Read more here.

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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.

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Pennsylvania Commonwealth Court Holds that Regional Climate Program Rule is an Illegal Tax

MGKF Law

Bowfin KeyCon Holdings, LLC vs. Pa.

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A Voluntary Settlement Of An EHB Appeal By All Parties Requires Developers Of A Bradford County Liquified Natural Gas Facility To Apply For New Air Quality Permit

PA Environment Daily

If built, the Wyalusing plant would have been allowed to emit more than a million tons of climate-polluting greenhouse gasses every year, as well as hundreds of tons of noxious air pollutants that would have impacted the local community. Click Here for a copy of the settlement.