Legal Planet

MAY 16, 2024

The Clean Water Act requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? In this opinion dealing with a fairly technical issue under the Clean Air Act, Justice Stevens strengthened judicial deference to administrative agencies.

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Law Columbia

MAY 7, 2021

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. s challenge to the constitutionality of the linkage between California’s greenhouse gas emissions cap-and-trade program and Quebec trading program. United States v.

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Law Columbia

APRIL 23, 2021

But in this blog post, I unpack an aspect of the decision where I think it was more of a mixed bag: the court’s treatment of the international air pollution provision of the Clean Air Act, Section 115. The headline here is that the Second Circuit found that Section 115 authorizes the U.S. Alternatively, the U.S.

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Law Columbia

JUNE 8, 2021

Army Corps of Engineers acted arbitrarily and capriciously when it concluded that the overall project was not a “major federal action” pursuant to NEPA. The court ruled that the plaintiffs were precluded from raising this argument because they did not raise greenhouse gas issues during the administrative process. Sierra Club v.

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Law Columbia

NOVEMBER 7, 2017

The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Circuit Stayed Greenhouse Gas Emissions Standards for Truck Trailers. Republican National Committee , No. 3:17 -cv-00123 (W.D.

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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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ESA

APRIL 18, 2023

The Clean Water Act is a federal law that gives authority to states to protect the nation’s waters. Congress Clean Water Act: President Joe Biden vetoed a Congressional Review Act measure that would have nullified the administration’s most recent Clean Water Act rule, which seeks to define the “Water of the U.S.”

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Law Columbia

OCTOBER 19, 2023

With many federal judges sympathetic to the MQD’s anti-regulatory bent, and the Supreme Court majority that created this doctrine predicted to last for years, a legislative response from Congress may be a practical solution – if the politics can handle it. Env’t Prot.

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ESA

APRIL 27, 2023

Congress President Joe Biden vetoes measure to nullify the administration’s most recent Clean Water Act rule. The Clean Water Act is a federal law that gives authority to states to protect the nation’s waters. Courts Climate lawsuit filed by Hawai’i teens advances in state courts. Forests: Reps.

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