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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. In 2011, in AEP v. at 528–529. We answered no, given the existence of Section 111(d).

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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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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. Prohibit cap and trade programs for CO2 emissions. Prohibit emission standards for new vehicles.

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U.S. Supreme Court v. EPA Climate Rule

Smith Enviorment

Supreme Court issued a decision striking down an Obama era rule regulating carbon dioxide (CO2) emissions from existing power plants. EPA held the Obama administration’s Clean Power Plan Rule exceeded EPA’s authority under the Clean Air Act. The Clean Power Plan Rule. The Dissent.

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September 2021 Updates to the Climate Case Charts

Law Columbia

Circuit found that FERC failed to address the significance of a National Environmental Policy Act (NEPA) regulation that the petitioners argued required use of the social cost of carbon or another methodology to assess the impacts of the projects’ greenhouse gas emissions. The court also held that these claims were not ripe.

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