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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.

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2021-2022 California Environmental Legislation: What’s Been Enacted?

Legal Planet

The Governor approved a notable slate of climate legislation with a package that includes more stringent greenhouse gas (GHG) emission targets and measures designed to reduce the state’s reliance on fossil fuels. Climate Change Mitigation.

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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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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. That does not mean, however, that states and utilities are similarly constrained from generation shifting as they develop ways to comply with the federal regulations.

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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

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. Wolf’s existing authority under Pennsylvania law to enter the Commonwealth into the Regional Greenhouse Gas Initiative," according to PennFuture.

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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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