Clean Air Act Clean Energy Paris Agreement Politics 
Law Columbia
OCTOBER 7, 2019
In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Navy Rear Admiral Tim Gallaudet as acting administrator of NOAA. West Virginia v.
Law Columbia
MARCH 6, 2018
In a joint memorandum of law, these companies argued that New York City’s claims arise under federal common law and that the Clean Air Act 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.
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Law Columbia
MAY 7, 2021
Circuit Decision Vacating Affordable Clean Energy Rule. Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. .
Law Columbia
JUNE 8, 2021
Citizens for Clean Energy v. The appellate court agreed with the court below that the lawsuit raised nonjusticiable political questions. Circuit Decision on Affordable Clean Energy Rule. Department of the Interior , No. 4:17-cv-00030 (D. June 3, 2021). Reynolds v. State , No. 1D20-2036 (Fla. May 18, 2021).
Law Columbia
NOVEMBER 7, 2017
The court said the plaintiff had not alleged an injury connected to any particular action or law and that her allegations instead suggested disagreements with the defendants’ policy positions, which made her claims nonjusticiable political questions. Republican National Committee , No. 3:17 -cv-00123 (W.D. Foster , No. 34-2016-CR-00187 (N.D.
Legal Planet
FEBRUARY 19, 2024
The Kyoto Protocol may have led to emission reductions in Europe, but there was never any real prospect that the Senate would ever ratify the agreement. On the domestic front, the head of EPA managed to maneuver the Administration into endorsing federal authority to regulate greenhouse gas emissions under the Clean Air Act.
Law Columbia
FEBRUARY 10, 2020
The majority said it “reluctantly” concluded that “the plaintiffs’ case must be made to the political branches or to the electorate at large” and “[t]hat the other branches may have abdicated their responsibility to remediate the problem does not confer on Article III courts, no matter how well-intentioned, the ability to step into their shoes.”
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