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Environmental Law: Government and Public Policy Towards the Environment

Environmental Science

National Emissions Standards for Hazardous Air Pollutants (NESHAP) : A set of EPA standards on air pollutant emissions of chemicals that could cause serious permanent harm to wildlife or people or kill organic matter. It prohibits the discharge of polluting chemicals into US waters unless a special permit is granted.

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October 2019 Updates to the Climate Case Charts

Law Columbia

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. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

2019 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

Earlier in February, the court issued a request for supplemental briefing on the issue of how the concept of “navigable waters of the United States” related to removal jurisdiction. The decision also addressed a number of non-climate change claims under NEPA, the Endangered Species Act, CEQA, and other state law.

2018 40
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.

2020 40
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May 2021 Updates to the Climate Case Charts

Law Columbia

The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. Army Corps of Engineers’ motion to hold in abeyance a case challenging the Trump administration’s rules defining “waters of the United States” under the Clean Water Act.

2021 40
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August 2021 Updates to the Climate Case Charts

Law Columbia

National Audubon Society alleged that the rule “vastly expands potential sand mining projects in delicate coastal barriers” and further alleged that coastal barriers would become even more important due to climate change and were expected to mitigate $108 billion of sea level rise and flooding damages over the next 50 years.

2021 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

The Clean Air Act provision at issue authorizes small refineries to petition EPA “for an extension of the exemption … for the reason of disproportionate economic hardship.” Supreme Court reversed the Tenth Circuit and upheld “extension[s]” of exemptions from renewal fuel program requirements for three small refineries.

2021 45