Energy & the Law

JULY 31, 2022

The allegations in this 2018 suit are that fossil fuel companies concealed the effects of fossil fuels on climate change and disingenuously marketed their products to the harm of the people living in Boulder County. Board of County Commissioners of Boulder County v. Suncor Energy . Defendants removed.

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Climate Change Fossil Fuels 2018 Clean Air Act 130

Legal Planet

AUGUST 7, 2023

First, they will argue that they can’t be held liable for failing to disclose their knowledge of the causes of climate change because there was uncertainty about the topic and it was controversial. In their efforts to get the cases into federal court, the oil companies argued that federal law bars state lawsuits about climate change.

Clean Air Act 209

Clean Air Act Climate Change Sea Level Politics 209

Union of Concerned Scientists

MARCH 14, 2023

rule is a good step, but more is needed The Clean Air Act requires the EPA to periodically review the science for six criteria air pollutants , including particulate matter, and to use this science to set a standard known as the National Ambient Air Quality Standards. EPA’s PM 2.5 American Trucking Associations.

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Clean Air Act Fossil Fuels Air Pollution 2001 223

Law Columbia

AUGUST 31, 2022

Going back to 1978 and through this month, Congress has acknowledged climate change in a total of 87 enactments, as shown by a database just posted by Columbia’s Sabin Center for Climate Change Law. The Sabin Center’s collection of congressional references to climate change can be accessed here.

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Climate Change 2022 Clean Air Act Carbon Dioxide 52

Union of Concerned Scientists

SEPTEMBER 15, 2021

This groundbreaking report is important for three main reasons: impact, scale, and attribution.

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Climate Change Clean Air Act Fossil Fuels Ozone 240

Capaccio

DECEMBER 8, 2022

The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change . Climate change is expected to increase the occurrence of natural hazards, which present concern for RMP facilities.

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Climate Change Clean Air Act Regulations Sea Level 52

Capaccio

DECEMBER 8, 2022

The EPA is proposing stronger regulations to the Risk Management Plan (RMP) program to protect environmental justice communities and against climate change Risk Management Program (RMP). . Climate Change . Climate change is expected to increase the occurrence of natural hazards, which present concern for RMP facilities.

Climate Change 52

Climate Change Clean Air Act Regulations Sea Level 52

MGKF Law

APRIL 29, 2021

Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims against oil companies for costs resulting from climate change were either preempted by the Clean Air Act, or, in the case of foreign emissions, represented a non-justiciable political question.

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Climate Change Clean Air Act 2019 Politics 40

The Energy Law Blog

JUNE 2, 2020

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. Thus, the cities and counties sought an order of abatement requiring the energy companies to fund a climate change adaptation program.

Climate Change 52

Climate Change Fossil Fuels Clean Air Act Law 52

Legal Planet

AUGUST 26, 2021

The case involved the lynchpin of the Clean Air Act, EPA’s power to set national air quality standards. It was the first case in which the Court was confronted with the issue of climate change. The Court then held that greenhouse gases are covered by the Clean Air Act as a type of air pollutant.

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Clean Air Act Endangered Species Act Regulations Air Pollution 246

Union of Concerned Scientists

JULY 1, 2022

Though the case caught fewer headlines, it, too, threatened Earth-shifting implications all its own by thrusting into question a critical EPA lever for addressing climate change. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the Clean Air Act.

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Fossil Fuels Clean Air Act Clean Energy Greenhouse 255

Law and Environment

APRIL 10, 2024

Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. On Tuesday, in Ohio v. EPA , the D.C. It’s definitely a win for EPA.

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2025 Clean Air Act Fossil Fuels Regulations 130

Legal Planet

SEPTEMBER 30, 2021

Today, climate change is the central, though by no means the only, concern in environmental law. I found only one relevant reference using the term “climate change” before 1985. In one sentence of a 1975 article, John Barton referred to “climate change” as a potentially severe long-term problem.

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Carbon Dioxide Nuclear Power Climate Change Clean Air Act 227

Law and Environment

AUGUST 27, 2021

The 8 th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. 7413(b), expressly provides for injunctive relief to redress violations of the Act.”. I still believe that.

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Clean Air Act Climate Change Government Law 130

Law and Environment

DECEMBER 17, 2021

That coal is now going out with little more than a whimper gives me hope that opposition to measures to address climate change may also fade away faster than currently seems possible. As Ameren noted in its filing with the Court: . The post Another Nail In Coal’s Coffin first appeared on Law and the Environment.

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Clean Air Act Climate Change Technology Technology 130

Legal Planet

JULY 12, 2023

Whether climate change impacts to Montana’s environment can be measured incrementally. Whether climate impacts and effects in Montana can be attributed to Montana’s fossil fuel activities. Intergovernmental Panel on Climate Change. They are: Whether Plaintiffs’ injuries are mischaracterized or inaccurate.

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Fossil Fuels Climate Change Greenhouse Clean Air Act 217

Law and Environment

DECEMBER 20, 2023

Or, they may use “any similar methodology that satisfies the criteria under § 211(o)(1)(H) of the Clean Air Act.” The IRS guidance addresses the second option.

Clean Air Act 130

Clean Air Act Biofuels 2024 Fossil Fuels 130

Union of Concerned Scientists

APRIL 20, 2023

Multiple lines of analysis make clear that regardless of how cheap wind and solar power get, without directly addressing pollution from coal and gas plants, the country’s clean energy transition will not happen fast enough. Section 111 of the Clean Air Act constrains how EPA sets standards—but gives states wide latitude in implementation.

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Clean Air Act Fossil Fuels Carbon Emissions Clean Energy 193

Law Columbia

OCTOBER 25, 2017

We know that burning fossil fuels is the main cause of anthropogenic climate change, and that climate change is the source of adverse impacts on communities and even regional and national economies. Instead, it has been to stem and confuse the flow of information about climate change to the public and political leaders.

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Fossil Fuels Climate Change Clean Air Act Sea Level 52

E2 Law Blog

MARCH 11, 2024

Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and Risk Management Program under Section 112(r) of the Clean Air Act (RMP). 40 CFR Part 68.

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Clean Air Act Regulations Environmental Protection Climate Change 59

The Energy Law Blog

DECEMBER 20, 2023

In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” District of Columbia v. Exxon Mobil Corporation, et al.,

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Clean Air Act Climate Change Law Air Pollution 98

Union of Concerned Scientists

JULY 31, 2023

Record-setting heat , heavy rains, and wildfires scientifically linked to climate change are causing devastating and costly harm to people and communities across the country. As of today, 79% of people in the US have been under extreme weather warnings of some kind or another since May 1.

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Fossil Fuels Clean Energy Clean Air Act Pollution Control 225

MGKF Law

AUGUST 2, 2023

On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the Clean Air Act (“CAA”).

Air Pollution 40

Air Pollution Clean Air Act Environmental Protection Climate Change 40

Law and Environment

JANUARY 27, 2022

Of course, the EEI did so to ensure that the Clean Air Act continues to act as a shield against private tort actions over carbon emissions, but still. After all, no less a group of environmental radicals than the Edison Electric Institute has filed a brief in support of EPA’s authority to regulate GHGs.

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Clean Air Act Carbon Emissions Regulations Greenhouse 240

MGKF Law

JUNE 30, 2022

The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. ” Id. EPA , 573 U.

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Clean Air Act Greenhouse Environmental Protection Climate Change 75

PA Environment Daily

JUNE 30, 2022

Environmental Protection Agency to limit greenhouse gas emissions from power plants under the Clean Air Act. Today’s decision does not change how we must respond to climate change: boldly, quickly, and with love for our neighbors. Supreme Court released its decision on West Virginia V.

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Regulations Clean Air Act Carbon Dioxide Carbon Emissions 97

ESA

JULY 1, 2022

At stake was the ability to reduce carbon emissions as written in the ‘Clean Power Plan’ regulation under the auspices of the Clean Air Act that gives the Environmental Protection Agency (EPA) power to regulate “the best system of reducing emissions.”

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Carbon Dioxide Clean Air Act Carbon Emissions Clean Energy 52

Environment, Law, and History

NOVEMBER 7, 2022

It was ended by the Supreme Court, which held that the then-new Clean Water Act took over the field of interstate water pollution in lieu of court-made rules. Climate change. In a groundbreaking climate decision, Massachusetts v.

Air Pollution 95

Air Pollution Clean Air Act Clean Water Act Climate Change 95

Acoel

AUGUST 14, 2023

Take for instance: the burning Cuyahoga River that led to the Clean Water Act; the disastrous air pollution incident in Donora, PA that led to the passage of the Clean Air Act; the discovery of Love Canal that lead to the passage of Superfund; and most tragically, the chemical gas release in Bhopal, India that lead to the passage of EPCRA.

Law 52

Law Clean Air Act Climate Change Clean Water Act 52

Law Columbia

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts.

Climate Change 52

Climate Change Fossil Fuels Law Clean Air Act 52

Law and Environment

MARCH 10, 2022

EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA.

Clean Air Act 130

Clean Air Act Fossil Fuels Greenhouse Conservation 130

Legal Planet

SEPTEMBER 6, 2022

Under the Clean Air Act, California has the unique ability to set its own standards for tailpipe emissions from new vehicles, including greenhouse gases. The possibility of snagging some of this funding may also help nudge some lagging states to think seriously about cutting carbon emissions.

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Carbon Emissions Clean Air Act Electricity 2030 220

Legal Planet

MARCH 21, 2024

Fourth, unlike the Clean Power Plan, this regulation is not just about greenhouse gases and climate change. It also applies to conventional air pollutants – the same pollutants that EPA has regulated since the Clean Air Act was passed in 1970.

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Clean Air Act Regulations Air Pollution Electricity 291

E2 Law Blog

SEPTEMBER 19, 2023

These include: (1) mitigating climate change, (2) addressing PFAS contamination, and (3) protecting communities from carcinogenic coal ash contamination. 1) Mitigating Climate Change. Three new NECIs. See David M. Uhlmann, Memorandum: FY 2024 – 2027 National Enforcement and Compliance Initiatives (Aug. 17, 2023). (1)

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2027 Climate Change Clean Air Act 2024 52

Law Columbia

FEBRUARY 23, 2022

The plaintiffs in these cases allege that the companies knew the harms their products would cause, that the companies failed to warn and misled the public about those harms, and that the products have caused damages in the form of rising seas, more frequent and severe storms, heat waves, and wildfires, among other climate change impacts.

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Fossil Fuels Climate Change Clean Air Act Law 80

Legal Planet

DECEMBER 6, 2021

Coal is the worst culprit from the perspective of climate change. The reason why the plan has no further practical relevance is a rapid shift in the mix of sources for generating electricity. Between 2015 and 2019, the amount of electricity generated from coal dropped by a third.

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2015 Carbon Emissions 2030 2005 242

Union of Concerned Scientists

JANUARY 26, 2024

Changes to discounting in cost-benefit analyses could mean considering more of the long-term benefits of regulations that slow climate change, and greater attention to regulations’ distributional effects can support stronger protections targeted at structurally marginalized communities. Gina Raimondo and Relentless, Inc v.

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Regulations Clean Air Act Sea Level Politics 191