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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. Part Two considered the future of the climate disclosure rule in the context of the SEC’s rulemaking process.

Law 70
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Biden’s Proposed Power Plant Rule is a Solid First Step

Legal Planet

Image via PickPik On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v.

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U.S. Supreme Court Decision Did Not Affect EPA’s Ability To Regulate Carbon Dioxide As A Pollutant, Has No Impact On DEP's RGGI Power Plant Carbon Pollution Reduction Program

PA Environment Daily

Environmental Protection Agency's ability to reduce carbon pollution from existing power plants under the federal Clean Air Act. EPA does have authority to regulate carbon dioxide as a pollutant under the federal Clean Air Act and the Court’s ruling did not address that existing authority.

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Other 2023 N.C. Environmental Legislation

Smith Enviorment

The legislature put two provisions in the Appropriations Act of 2023 (House Bill 259) to prevent state agencies from adopting rules intended to reduce emissions of greenhouse gasses such as carbon dioxide (CO2) in the state. Environmental Protection Agency (EPA) approved N.C.’s

2023 98
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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards

Law Columbia

EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the Clean Air Act. billion tons of carbon dioxide emissions by 2050. billion tons of carbon dioxide emissions by 2050.

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September 2021 Updates to the Climate Case Charts

Law Columbia

The court held that the City’s claims were not completely preempted by the Clean Air Act and also was not persuaded by the companies’ argument that the claims necessarily arose under federal common law. The companies argued that even if state law did apply, the Clean Air Act and foreign affairs doctrine would preempt the claims.

2021 40
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Ask a Scientist: Top Takeaways from the New EPA Carbon Pollution Rules

Union of Concerned Scientists

Last month, the Environmental Protection Agency (EPA) proposed new power plant carbon pollution standards that, if strengthened, would go a long way to help meet the Biden administration’s goal of slashing carbon emissions in half from 2005 levels by the end of this decade. EPA Supreme Court decision in 2022.