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Section 108(b) and EPA’s Path to This Decision. What’s Next? EPA will take public comment on the proposed decision for 60 days after the notice is published in the Federal Register.
In a joint memorandum of law, these companies argued that New York City’s claims arise under federal common law and that the CleanAirAct has displaced the federal common law or, alternatively, that the plaintiffs’ “expansive derivative theory of liability” fails to state a claim that complies with federal common law standards.
The Trump orders were “found to be inconsistent with, or present obstacles to, the policy set forth in” President Joe Biden’s January executive order directing agencies to focus on combating climate change and bolster cleanenergy jobs, the secretarial order states. “I EPA – CleanAirAct Advisory Committee: Request for Nominations.
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