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Recentering Environmental Law: A Thought Experiment

Legal Planet

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Conventional pollution controls would have been seen as transition measures until the shift to clean energy, so the Clean Air Act would have been written differently. I magine if history had been a little different.

Law 270
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Environmentalism and the Supreme Court

Legal Planet

If you’re an anti-regulatory conservative, you’d probably flip these designations. 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. Army Corps of Engineers.

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What’s Up With the Supreme Court?

Law and Environment

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. It’s difficult to call this Court conservative. In its lack of respect for precedent, it’s arguably the most radical Court we’ve seen, at least in some time.

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EPA Restores the California Advanced Clean Car Program; GHG Emissions From Transportation Will Continue For Some Time

Law and Environment

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. My friend J.B.

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The US Supreme Court’s earliest pollution cases

Environment, Law, and History

Six years later, the Court decided its first air pollution case. Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism. 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.

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

Legal Planet

EPA , the Supreme Court struck down the Obama-era Clean Power Plan. Conservative groups have claimed since then that virtually every government regulation raises a major question. Fourth, unlike the Clean Power Plan, this regulation is not just about greenhouse gases and climate change.

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12 Legal Tools to Push Climate Preparedness

Law Columbia

This blog is based on a talk given to the Climate Change: Response and Resilience Leadership Forum at Columbia University on November 20, 2019, sponsored by RenaissanceRe. We know that, mostly as a result of climate change, extreme weather events are becoming more frequent and severe. By Michael B.